TNAG-2175-FCO40-3112-Hong-Kong-Bill-of-Rights-1990 — Page 346

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65.

The LegCo Ad Hoc Group has also suggested that the possible terms of reference of a Human Rights Commission for Hong Kong may include:

(a) an educational role;

(b)

a role of

arbitrator/mediator in rights of

action as between private individuals:

(c) review

of legislation

and making

recommendations for legislative changes;

(d) investigation of complaints; and

(e)

preparation of guidelines on definition of human rights.

66.

In view of the proposal that the article which give rise to major inter-individual rights would not apply to private individuals until the enactment of specific legislation (para. 30-35), the need for arbitration and mediation would not arise upon the enactment of the BOR. Such a role should be considered, and, if justified, provided in the specific legislation to be developed. We will give further consideration to the setting

up of up special body

body on human rights and its status, terms of reference, power and modus operandi. One factor to be taken into account is the likely Chinese objection to such

move since they would see it

as an attempt to curtail CPG's powers in dealing with emergencies and subversion (Basic Law Article 18 and 23). A further submission will be made on this suggestion.

a

CONFIDENTIAL

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