TNAG-2175-FCO40-3112-Hong-Kong-Bill-of-Rights-1990 — Page 86

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13

Recommendation

The Ad Hoc Group accepts the view that, in view of the need to introduce the Bill into the legislature as quickly as possible, it is acceptable that the Bill should incorporate the rights enshrined in the ICCPR. The Administration should consider how the rights contained in the ICESCR should be safeguarded through specific legislation.

Human Rights Commission

27.

In a submission, an expert recommends that an independent Human Rights Commission be established to educate the public, set standards, screen legislation and resolve disputes. A number of representations have echoed this view. The setting up of a Human Rights Commission is thought to be able to shorten the time that is otherwise required if the case is handled in courts. It will also save resources especially having regard to the likelihood of extending the legal aid scheme to cases which currently could not be eligible for such aid. Another expert, a former Commissioner of the Ontario Human Rights Commission, in her outline of the work on the said Commission, explains the various duties assumed by the institution and comes to the conclusion that "with reference to the Hong Kong situation, it would be appropriate to consider allowing public-private actions arising from the Bill of Rights in the Courts, but anti-discrimination clauses might be more suitably enforced initially through an agency similar to a Human Rights Commission model for both public-private and private-private actions."

28.

Although the Ad Hoc Group has not done an exhaustive research into the operation and terms of reference of other Human Rights Commissions, the Ontario Human Rights Commission seems to offer a good starting point for a research to be undertaken by the Administration. The possible terms of reference may include:-

the Commission to assume an educational role

the Commission to assume a role of arbitrator/ mediator in rights of action as between private individuals

the Commission to review legislation and recommend changes to those that may conflict the Bill of Rights

the Commission to receive and investigate complaints

the Commission to issue guidelines on definition of human rights

The Commission should also make its decision public and it must maintain a level of independence.

CONTENEN TAK PERNETWERKT.