TNAG-2175-FCO40-3112-Hong-Kong-Bill-of-Rights-1990 — Page 147

'age

(i)

(ii)

CONFIDENTIAL

(M.1 (lauid)

Article 22 of the Bill: Right to Participate in

Public

in

Life, the term "citizen" as used

the ICCPR should replace "by a person having a right of abode in Hong Kong";

Patent

should

be

Letters amended SO as to entrench the ICCPR up

The

amendment

closely

to

1997.

should

follow

the

wording of

Article 39 of the draft Basic

Law;

(iii) the FCO proposal on the rule of construction clause should not be pursued;

(iv) the

requirement for an General's

Attorney .

in

certificate should be dropped

the light of paragraph: (d) below;.

n

(b) the Bill together with a commentary (at Annex.4A to memorandum. XCC.(90)1) should be approved for issue as a consultation document subject to the following amendments

(c)

(i)

inclusion of a new Clausé 3A. (Annex、 A to XCC (90) 28) which provides that every Ordinance subsequent to the

enacted

Bill of

-

Rights shall

be

iconstrued, where possible, as

being subject to the Bill;

(ii) · inclusion of a revised Clause

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

following a two

consultation, a

month period of public final draft Bill should

be prepared for re-submission to Members

and,

subject

introduction

to into

Council;

CONFIDENTIAL

their approval, the Legislative