TNAG-2175-FCO40-3112-Hong-Kong-Bill-of-Rights-1990 — Page 117

A

For decision

on 9 January 1990

THE PROBLEM

To

MEMORANDUM FOR EXECUTIVE COUNCIL

A BILL OF RIGHTS FOR HONG KONG

Annex B

XCC (90) 1 Copy N

20

in Pt. Vi

C

-(--)|

a agree

draft Bill

of

Rights, as the basis for

public consultation.

RECOMMENDATION AND ADVICE SOUGHT

2

It is recommended that

-

(a) the Bill together with a commentary (both at

Annex A), be approved

consultation document; and

for

as issue

3

a

(b)

following

period,

approval,

Council.

a

a

final

two-month public

Bill be

consultation

prepared

for

resubmission to Members and, subject to their

introduction into the

Legislative

Members

will

be

asked

to advise

whether

this

recommendation should be approved.

BACKGROUND AND ARGUMENT

4

held on meetings

20 and At

26 September 1989, the Council ADVISED and the Governor ORDERED that, in principle, the drafting of a Bill of Rights for Hong Kong should proceed. was agreed that the Bill should

(a) be

(b)

G

of rights

of capable

being

statement a protected and enforced by an individual through action in the courts;

the

take the form of a short Ordinance giving the

of the law to

provisions force

Covenant on Civil and Political Rights (ICCPR), as far as that is possible;

of International

a specific period which

(c)

allow

during

it would

legislation.

should

be

after commencement not override existing The duration of this period further studied and a re-submission

It

(a)

made to the Council;

not include the provisions of the International

Covenant

Social

Economic, on

Rights (ICESCR), and

CONFIDEN

and Cultural

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