TNAG-2175-FCO40-3112-Hong-Kong-Bill-of-Rights-1990 — Page 133

For decision

CONFIDENTIAL

on 23 January 1990

XCC (90) 9

Copy No..

2.9..

MEMORANDUM FOR EXECUTIVE COUNCIL

A BILL OF RIGHTS FOR HONG KONG

じ

C

THE PROBLEM

At

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the meeting held on 9 January 1990, Members considered memorandum XCC (90) 1 (at Annex C) which proposed that a draft Bill of Rights should be issued as the basis for public consultation.

Members requested that further consideration should be given to ensuring that the Bill has a superior status in relation to other local legislation.

A number of other points were raised for clarification, and it was agreed that the proposals should be resubmitted to Members on 23 January 1990.

RECOMMENDATION AND ADVICE SOUGHT

2

It is recommended that

-

(a) the Bill together with a commentary (at Annex A to memorandum XCC (90)1, be approved for issue as a consultation document subject to the following amendments -

A

(i)

3

(b)

inclusion

of a new

Clause 3A (Annex A) every Ordinance

which provides that enacted subsequent to the Bill of Rights shall be construed, where possible, as being subject to the Bill;

(ii) inclusion of a revised Clause 3 (Annex B), which now includes a provision similar to Clause 3A in respect of existing Ordinances;

(iii) changing the heading to Clause 4 of the

Bill.

following a two month public consultation period, a final Bill be prepared for resubmission to Members and, subject to their approval, introduction into the Legislative Council; and

-C

(c)

a practice be adopted to include express provision in all future legislation stating that the legislation is subject to the Bill of Rights.

CONFIDENTIAL