TNAG-2175-FCO40-3112-Hong-Kong-Bill-of-Rights-1990 — Page 89

16 -

Chinese customary laws and the New Territories Ordinance are inconsistent with the Bill, these laws should be amended.

(h) Having considered the views put forward by the

representations and the Administration, the Ad Hoc Group recommends that the Administration should consider amending the Crown Proceedings Ordinance particularly in relation to remedies for interim relief. The Group also endorses the view that a lower court or tribunal should have the power, on application or of its own volition, to stay the proceedings and refer the human rights issues to the High Court for determination.

(i) The Ad Hoc Group in general supports the idea that the

rights of action as between private individuals could be deferred for the time being and that Clause 7 of the draft Bill should be amended accordingly. However, in order to fulfil the objective of implementing the Bill of Rights in full, the Group also recommends that rights of action as between private individuals should be handled by a Human Rights Commission.

(j) The Ad Hoc Group considers that the reservations

listed in the draft Bill are acceptable subject to periodic reviews and, if found unjustifiable, withdrawn.

(k) 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.

(1) The Ad Hoc Group supports in principle the

establishment of a Human Rights Commission, especially in view of the Group's observation of its implications on the extension of the legal aid scheme, the handling of inter-citizen rights, and the other benefits such an institution will bring about, and urges the Government to investigate the practicability of this proposal, taking into account all the representations received and views expressed.

(m) The Ad Hoc Group recommends that there should be a

motion debate on the issue. The suggested motion is "that this Council supports the enactment of a Bill of Rights and urges the Government in drafting the blue bill to take into account the views expressed by this Council".