TNAG-2175-FCO40-3112-Hong-Kong-Bill-of-Rights-1990 — Page 323

TIVENTIAL

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para. 7 above.

Instead the Council advised that the Letters Patent should be amended along the lines of Article 39 of the Basic Law so as to entrench the ICCPR, and hence the Bill of Rights indirectly. In this connection we note that the LegCo Ad Hoc Group has accepted that the Bill of Rights be indirectly entrenched by amending the Letters Patent before 1997 to include a provision similar to Article 39 of the Basic Law.

Changes to the White Bill

10.

We have reviewed a number of key issues and propose changes to the White Bill in the following areas:

(a) the freeze period

12-16);

Clause 1(2) (para.

(b) the terms 'national security' and 'life of

Clauses 2(1) and 5(3)

the nation'

(c)

(para.17-18);

interpretation and application of the Bill of Rights Clause 2(3) (para. 19-21);

(a)

public emergencies

10

Clause 5 (para. 22-23);

(e)

remedies for contravention of the Bill of

Rights

S

clause 6 (para. 24-29);

(1)

obligations of individuals to each other and the binding effect of the

Bill

-

Clause 7

(para. 30-35);

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