TNAG-2175-FCO40-3112-Hong-Kong-Bill-of-Rights-1990 — Page 146

SCA.

G. F. 82

File

•CONFIDENTIAL CAB 6 3/11 (90) 11 Page

M.I

EXECUTIVE COUNCIL DECISION ON 6.3.1990

A BILL OF RIGHTS FOR HONG KONG: XCC (90) 28 COMMENTARY

(a)

So

Article 22 of the Bill: Right to Participate in Public Life

There were dangers in not following precisely the wording of the International Covenant on Civil and Political... Rights (ICCPR). It would be preferable to let local electoral .laws identify who could exercise such rights.

This would most

courts

as

probably be viewed by the constituting a reasonable restriction in relation.to Article 25 of the ICCPR..

(b) Entrenchment of the ICCPR in the Letters Patent was mirror-imaging entrenchment in the draft Basic Law. Care should be taken not tað present, either, the Bill of Rights or the ICCPR as taking precedence over constitutional documents such as the Letters Patent or the Basic Law..

(c) The intention was to introduce the Bill int

the Legislative Council during the curr

(a)

DECISION

legislative session.

The impression should not be given that the Bill would be superior to the Basic Law; the Bill would be superior under, and not to, the Basic Law.

The Bill would be a benchmark: against which all other laws enacted in Hong Kong would be-judged.

The Council ADVISED.. and the Governor ORDERED

that

-

(a)

as regards the questions raised by the FCO (outlined in the note tabled at the meeting) -

CONFIDENTIAL