TNAG-2174-FCO40-3111-Hong-Kong-Bill-of-Rights-1990 — Page 137

Similarly, the Hong Kong government should stipulate the

This, in our supremacy

view, over other Hong Kong laws. not invalidate the Bill after 1997, since its status render it equal to the Basic Law. We accept that the Bill be inferior

must to the Basic Law, and therefore provisions in the future constitution.

Bill's would

would not will with

comply

2) Relations with the Basic Law:

must be

take

this

do

As stated above, we understand that the Bill of Rights consistent with the Basic Law. However, we want to opportunity to stress in the strongest terms possible that we

and that we not accept certain provisions in the Basic Law, believe such provisions should be amended to bring them in

Sino-British with the letter and the spirit of the 1984 Declaration.

line

Joint

Law,

Bill of which

Some provisions have a bearing on the viability of the Rights. One of these is article 158 of the Basic deals with the question of interpretation.

We think

the

Basic

of

Rights

Law.

of of

Bill there are certain areas in the draft which

be may

inconsistent with the spirit of Article 27 of the Basic Law states that Hong Kong Special Administrative Region residents shall have freedom of speech, the Bill Yet article 16 of the press and of publication.

further,

freedom of Rights goes

stipulating that

expression and includes the freedom to seek, receive and impart information

two articles arise, ideas of all kinds. Should disputes over the

Law will it is

not difficult to imagine what impact the Basic have on article 16 of the Bill of Rights.

cannot be

limited

under

a

18 on the

We have similar misgivings about Basic Law article declaration of a state of emergency, and wonder whether this will conflict with

which outlines clause 5 of the Bill of Rights,

and which

of rights

state emergency. We are also concerned about Basic Law article 23 on subversion, and wonder whether this will conflict with article 16 on freedom of expression in the Bill of Rights.

can

potential

We are not sure whether there are definite conflicts in the above

but we

out areas,

difficulties in want to point interpretation after 1997, when the Basic Law comes into effect.

will

the such problems genuinely

depend exist, much

the interpetation of the Hong Kong courts and the final arbiter, Standing Committee of China's National People's Congress (NPC).

I f

on

We have in previous submissions to the government and the Law Drafting Committee highlighted our concerns over the power of

Basic Law. the NPC Standing Committee to interpret the believe this power should be firmly entrenched in Hong Kong,

Basic

We

as

P.2