TNAG-2175-FCO40-3112-Hong-Kong-Bill-of-Rights-1990 — Page 340

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UNFIUENTIAL

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機密

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48.

Practically, many of the rights contained in the ICESCR are not capable of precise legal definition (.e.g the right to take part in cultural life). Many more will be indirectly made justiciable by virtue of ICCPR rights e.g. the rights to freedom of thought and

and freedom of expression (Arts. 15 and 16) will provide protection for academic freedom. Although there are some rights which will not be covered by the ICCPR and which could be made justiciable, identification of these rights would have entailed extensive consultation.

There would have necessarily been a prolonged debate about which rights should be included and which excluded. This would have delayed very significantly the drafting of a Bill of Rights. In this connection we note that the LegCo Ad Hoc Group has accepted that the Bill of Rights should incorporate only the rights enshrined in the ICCPR. We have therefore included only the ICCPR rights in the BOR.

New Territories Policies

49.

that

The Heung Yee Kuk has made a strong representation the traditional rights and privileges of the indigenous population in the New Territories should be exempted from the application of the BOR.

50.

Since the BOR is to implement the provisions of the ICCPR and requires the courts to have regard to the latter, its impact on present law and policy including that in relation to customary law in the New Territories depends upon authoritative interpretation of the relevant Articles of the ICCPR. To date there has been no such authoritative interpretation.

CONFIDENTIAL #