TNAG-2175-FCO40-3112-Hong-Kong-Bill-of-Rights-1990 — Page 242

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Nations Human

22.

views and

Rights

comments of the United

United Nations

Committee and to the judgments of the

European Court of Human Rights.

If this clause is to be retained, an appropriate formulation (which is

is now incorporated in the draft Bill) to deal with the objection in paragraph

follows :

above is as

"Clause 2(3) In interpreting and applying this Ordinance, regard shall be had to :

(a)

(b)

the fact that the purpose of this ordinance is to implement further the International Covenant on Civil and Political Rights as applied to Hong Kong; and

the origin of that Covenant and the need for

uniformity in interpretation of rights recognised in that Covenant and similar rights recognised in other agreements having a similar origin."

This formulation avoids the words quoted in paragraph 19(a) above and also the word "international", which were in the White Bill. It should be noted that such a clause would nevertheless still be likely to cause Chinese sensitivity as it would still be seen as

"internationalising" Hong

Kong.

arguments against options (a) and (b) are invited to decide which

23.

The

finely

balanced.

Members are

option should be adopted.

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