TNAG-2175-FCO40-3112-Hong-Kong-Bill-of-Rights-1990 — Page 111

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

CONFIDENTIAL

Position after 1997

20

機密

66.

38

DB members

spoke on the question of the

continuity of the BOR after 1997. All of them recognized

the importance of the BOR continuing beyond 1997. 10

members noted that China was not a signatory to the ICCPR.

22 urged a dialogue between the Chinese and British

to put the question of continuity beyond

4 members said that the BOR would infringe the

Governments

doubt.

Basic Law.

67.

The question of international supervision of the

implementation of the ICCPR or the BOR was raised by 3

members, but no specific views were given.

3 members said that the BOR should be enacted

notwithstanding Chinese disapproval or displeasure.

68.

ICAC and Law Enforcement Agencies

69.

The impact of the BOR on the efficient operation

of law enforcement agencies, particularly the ICAC, was

commented on by 29 DB members. 19 said unequivocally that

no government departments should be exempted from the application of the BOR. Of these, 9 also suggested that

attempts should be made to balance human rights

considerations with the operational requirements for the

maintenance of law and order So that one would not be

detrimental to the other. The same view for a balance was

expressed by 2 other members.

On the other hand, 10

members were concerned about the possible negative effect

of the BOR on the capability of the ICAC, the Police and

other law enforcement agencies in fighting crime, and about

CONFIDENTIAL

機密

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