TNAG-2176-FCO40-3113-Hong-Kong-Bill-of-Rights-1990 — Page 178

For decision

on 17 July 1990

CONFIDENTIAL To replace faxed 238

41/7

HKD241/1

RECE

23 JUL 1990

RY

copy on file.

3.4...

XCC (90) 112

Copy No.

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MEMORANDUM FOR EXECUTIVY COUNCIL

on Taken

HONG KONG BILL OF RIGHTS BILL 1990

fa

Hk Telmo 2219 refers

THE PROBLEM

То resolve the outstanding issues pertaining to the Hong Kong Bill of Rights Bill 1990 before it is introduced into the Legislative Council on 25 July 1990.

RECOMMENDATION AND ADVICE SOUGHT

2

It is recommended that

(a) clause 2 (3) (b) should be deleted from the Bill

(paragraph 5);

흐흐

(b)

(၁)

(d)

(e)

the imposition of obligations between individuals should be deferred in respect of Article 14 only (paragraphs 6-9);

the

application of Article 14

to the Government should be confirmed (paragraphs 10-13);

Article 21 should be expanded to cover persons who have the right of abode in Hong Kong

(paragraphs 14-17);

the proposal not to change existing laws, policies and practices in respect of the New Territories until they are ruled by a competent authority to be incompatible with BOR or the ICCPR should be accepted (paragraphs 18-21);

the

specifically

(f) the preamble of the Bill should refer to the "ICCPR as applied to Hong Kong" so as to cover the existing reservations and declarations applicable to Hong Kong (paragraph 22); and

(g)

the heading for clause 13 should be changed to

and

Legislative Councils"

"Executive

(paragraph 25).

CONFIDENTIAL

24