TNAG-2175-FCO40-3112-Hong-Kong-Bill-of-Rights-1990 — Page 108

CONFIDENTIAL

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機密

54.

Another

member

thought

that the exercise was in

any event futile because in 1997 Hong Kong would revert to the sovereignty of China which practised communism and had no regard for human rights.

55.

The remaining 10 members suspected that the Government had a political motive in proposing the BOR.

They queried the hastiness of the whole exercise at a time

when China had publicly objected to the UK Nationality

Bill, the introduction of a local BOR while such legislation was absent in the UK, the need for a local BOR

since Chapter 3 of the Basic Law already guaranteed the

enjoyment of basic rights and fundamental freedoms after

1997, and the wisdom of introducing a piece of politically controversial legislation at a politically sensitive time,

which might lead to another confidence crisis.

International Covenant on Economic. Social and Cultural

Rights (ICESCR)

56.

One DB member said that the justiciable articles

in the ICESCR should be incorporated into the BOR. Another

member commented that the ICESCR articles on the provision

of education should form part of the BOR.

Supremacy and entrenchment

57.

18 DB members

spoke on the question of supremacy

and entrenchment.

CONFIDENTIAL

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