TNAG-2176-FCO40-3113-Hong-Kong-Bill-of-Rights-1990 — Page 195

06-22-90 12:44

Dated: June 1990

234 P02

MEMORANDUM OF THE

INTERNATIONAL HUMAN RIGHTS LAW GROUP

ON

THE DRAFT HONG KONG BILL OF RIGHTS ORDINANCE 1990

This memorandum of the International Human

Rights Law Group ("Law Group") reviews the Draft Hong

Kong Bill of Rights Ordinance 1990 ("Draft Bill of

Rights") pursuant to the consultation procedure underway

in Hong Kong. The memorandum focuses on the following

issues of concern to the Law Group:

(1)

(2)

(3)

(4)

(5)

(6)

the absence of any plan by which to con- tinue the application in Hong Kong of the International Covenant on Civil and Polit- ical Rights and the International Covenant on Economic, Social and Cultural Rights necessary to fulfill Article 39 of the Basic Law;

inadequate protection against subsequent executive or legislative infringements of rights guaranteed under the two Covenants;

no appropriate means for repealing or amending existing conflicting legislation;

inadequate means for preventing or remedy- ing governmental violations of rights protected by the two Covenants;

insufficient limitations on derogability;

and

omission of other fundamental rights.

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