TNAG-2175-FCO40-3112-Hong-Kong-Bill-of-Rights-1990 — Page 74

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Amended

LegCo Paper No.982/89-90

LegCo In-house Meeting on 15 June 1990

Report by the LegCo Ad Hoc Group

on the Draft Bill of Rights Bill 1990

Introduction

This paper reports on the work of the LegCo Ad Hoc Group on the Bill of Rights Bill 1990 and invites the LegCo In-house Meeting to consider and endorse the Group's

recommendations.

Background

2.

In his Annual Address to the Legislative Council on 11 October 1989 the Governor announced the intention of the Government to introduce into the Council by July 1990 draft legislation for a Bill of Rights. The purpose of the Bill of Rights would be to give effect in local law to the relevant provisions of the International Covenant on Civil and Political Rights (ICCPR) and to provide for redress in the courts against violations of those rights. The legislation would be preceded by the publication of a White Bill for public consultation: the White Bill was published on 16 March 1990. The background to the White Bill is explained in LegCo Memorandums XCB/LCB (89)63 of 11 October 1989 and File Ref CAB B3/11(90) VIII of 14 March 1990 and in the "Commentary on the Draft Hong Kong Bill of Rights Ordinance 1990" published in March 1990.

3.

At the LegCo In-house meeting on 27 October 1989 a LegCo Ad Hoc group was formed to study the issue of a Bill of Rights. The Ad Hoc Group met six times before the publication of the Draft Bill of Rights. Following the publication of the Draft Bill of Rights, the Ad Hoc Group met 16 times to receive briefings and representations and to study the Bill. The membership of the Ad Hoc Group is at Annex A. A list of the meetings of the Ad Hoc Group, giving the purpose of each meeting, is at Annex B.

4.

The Ad Hoc Group has received written representations from four experts, twenty-one organizations and from three individuals. Four experts and twelve organizations have made oral presentations to the Ad Hoc Group in addition to their written representations. Four representations on the Draft Bill have been made through the Duty Roster Member system. Annex C lists the representations received from experts and organizations. Annex D presents in tabular form a summary of the main points made by some of the representations. Annex E summarises the presentations made by academics. summarizes the presentation made by the ICAC and the views of two experts concerning the effect of the Bill will have on the enforcement of the Prevention of Bribery Ordinance. These summaries are not intended to be definitive or exhaustive.