TNAG-2175-FCO40-3112-Hong-Kong-Bill-of-Rights-1990 — Page 145

(e)

The this

File No.

CONFIDENTIAL

ان

M.5 (Cont'd)

Page

wording "be construed as being subject to Ordinance" had been adopted in clause 3A (1) to avoid problems of construction which had arisen in other jurisdictions. If "in accordance with" or "consistent with" were to be substituted for "subject to" there was a risk that the judiciary would tend to take a restrictive view of provisions of the Bill of Rights to

that enactments were consistent.

ensure

DECISION

The Council ADVISED and the Governor ORDERED

that

(a)

the

course

memorandum be resubmitted in due

for further dis

and consideration; and

---

on

G.F. 82

(b)

and

the public line should be that this was a complex issue, which required further full

detailed consideration; any impression that. the Council was unhappy with the status of the Bill as presently drafted should be dispelled Background briefings

the media" should be arranged.

for

Ај

Clerk of Councils

CONFIDENTIAL

دنا