TNAG-2175-FCO40-3112-Hong-Kong-Bill-of-Rights-1990 — Page 255

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(b)

"RENQUAN FAAN"

(a) may invite criticisms from the Chinese side that we are putting the BOR on a para with the Basic Law (Ji Ben Fa);

furthermore, Chinese laws described as "FA" are applicable

nation wide, while the BOR will have effect only in Hong

Kong both pre- and post-1997, and this

and this would give the

Chinese a further ground for objection. (b) is the

established translation of "Bill of Rights" in PRC legal literature and should not arouse Chinese sensitivity but it

has the connotation of a draft law (probably due to confusion over the meaning of "Bill" in "Bill of Rights" in the mind of the original translators).

49.

On balance, we recommend that

50.

We propose to change

change the heading to Clause 3 "Ordinance to override existing law" to "effect on existing law", for the sake of accuracy.

Defining "Citizen" for the Purpose of Article 21

51.

Article 21 (Article 22 in the White Bill) presents

the risk that it could be interpreted

be interpreted as providing the right to participate in public life to mainlanders, This risk could be removed by relying on the following interpretation of the term "citizen" in Clause 2:

"Citizen" means a person having the right of abode in Hong Kong.

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