TNAG-2175-FCO40-3112-Hong-Kong-Bill-of-Rights-1990 — Page 330

DENTAA L 藏密

11

(a)

because, in line with the ICCPR, there should be provisions defining the circumstances under which derogation from the Bill would be permitted; and

(b) if the clause were omitted and we relied upon revised Emergency Regulations to implement this part of our ICCPR obligations it would undermine our argument for a single piece of legislation to implement the ICCPR as a whole.

We

We therefore

propose to leave the clause in with the exception of subclause 5(3) (see paragraph 18 above). also propose to reword Clause 5(2)(a) so as to avoid any reference to 'Government' which would refer to the CPG after 1997 and could therefore be sensitive to the Chinese.

1

Remedies (Clause 6)

24.

The ICCPR imposes an obligation on States Parties to ensure that where there has been a violation of one of the rights or freedoms recognized under the covenant then there must be an effective remedy available to the person whose rights have been violated. The determination of the right to a remedy may be undertaken by

by the judicial, legislative or administrative authorities, or by any other competent authority provided for by the legal system of the state. The ICCPR does not define the term "effective remedy" and leaves it to states Parties to apply existing remedies or

new ones in order to meet this

obligation.

develop

CONFIDENTIAL #2

機密

Page 330Page 331