TNAG-2175-FCO40-3112-Hong-Kong-Bill-of-Rights-1990 — Page 80

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exist on the Hong Kong statute Books a large number of provisions which appear to be in conflict with the ICCPR. The Group is concerned that many of these provisions relate to such important and fundamental matters as the maintenance of law and order and the control of immigration.

Recommendation

The Group urges the Administration to give careful thought to how such provisions dealing with the aforementioned matters as maintenance of law and order and control of immigration may be amended so that they are both consistent with the Bill of Rights and effective in protecting the community.

16.

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The Independent Commission Against Corruption, in its representation to the Ad Hoc Group, has argued that changes to anti-corruption legislation necessitated by future compatibility with the Bill of Rights will seriously affect its capability to investigate successfully allegations of corruption. Although it initially put forward the suggestion that provision be included in the Bill of Rights to enable existing anti-corruption legislation to continue, the ICAC has now withdrawn that suggestion and has not so. far been able to recommend an alternative solution. Exemptions or reservations beyond those already made by the U.K. in applying the ICCPR to Hong Kong would before 1 July 1997 be a breach of the covenant obligations made by the U.K. in respect of Hong Kong and beyond 1 July 1997 be a breach of the Joint Declaration and the Basic Law. A number of representations have said very clearly that there should be no exemptions for any group or agency under the Bill of Rights because the main purpose of a Bill of Rights is to protect the individual against the abuse or excessive use of power by Government agencies. The Ad Hoc Group agrees with this view and, with or without the existence of a Bill of Rights, cannot see any method or justification for maintaining provisions which are inconsistent with the ICCPR and the future Basic Law. The Ad Hoc Group is, however, concerned that the effectiveness of the ICAC in fighting corruption should not be seriously affected by the Bill of Rights.

Recommendation

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The Group recommends that the Administration and the ICAC should examine how many provisions in the ICAC and Prevention of Bribery Ordinances are likely to be inconsistent with the Bill of Rights and to devise provisions to replace them which are both consistent with the Bill and effective in enabling the ICAC to investigate successfully allegations of corruption.

Such an examination would be important in clarifying the exact extent of the problem since there appears to be some difference of opinion on this among legal experts. The Ad Hoc Group is pleased to note that a working group has already been formed by the ICAC and the Legal Department to examine the implications of the Bill of Rights on anti-corruption legislation.