TNAG-2176-FCO40-3113-Hong-Kong-Bill-of-Rights-1990 — Page 40

10

CONFIDENTIAL

(278)

071256 MDLIAN 3525

CONFIDENTIAL

FM HONG KONG

TO PRIORITY FCO

TELNO 2530

OF 161041Z AUGUST 90

HKD24

REC

2 0 AUG 1990

INFO PRIORITY PEKING, UKREP JLG HONG KONG

HONG

-215/

1

OUR TELNO 2477: BILL OF RIGHTS: COMMENTS IN TA KUNG PAO

pa ising

OF

1. TONG YUK-HON'S SERIES OF ARTICLES ON THE BILL OF RIGHTS IN TA

KUNG PAO CONCLUDED ON 15TH AUGUST WITH THE FOLLOWING SUMMARY

CRITICISMS:

A

(A) MISNOMER THE BOR SHOULD SEEK TO IMPLEMENT RIGHTS OF

'CITIZENS', NOT THE RIGHTS OF 'THE PEOPLE'.

(B) IMPROPER STATUS WITHOUT REGARD TO THE FUTURE SUPREME STATUS OF THE BL, CLAUSES 3 AND 4 OF THE BOR MADE IT OVERRIDING ON 'PRE- EXISTING LEGISLATION' AND 'LEGISLATION ENACTED AFTER THE

COMMENCEMENT DATE'.

(C) ULTRA VIRES TONG POINTED OUT THAT NATIONAL SECURITY' 'LIFE OF THE NATION' AND 'PUBLIC EMERGENCIES' AS PRESCRIBED IN THE BOR WERE MATTERS FOR WHICH CPG WOULD BE RESPONSIBLE, AND DID NOT FALL WITHIN THE COMPETENCE OF A LOCAL LEGISLATURE.

(D) CHANGES TO EXISTING SYSTEM JD 10 PROVIDED THAT LAWS CURRENTLY IN FORCE IN HONG KONG WOULD REMAIN BASICALLY UNCHANGED. THE BOR, ON THE OTHER HAND, WOULD ENTAIL EXTENSIVE CHANGES TO EXISTING HONG KONG LAWS. RESEARCHES BY HONG KONG LAWYERS HAD INDICATED THAT AS MANY AS 58 PIECES OF CURRENT LEGISLATION WOULD CONTRAVENE THE BOR. THE ACTUAL FIGURE COULD BE EVEN GREATER WHEN CASES WERE BROUGHT BEFORE THE COURTS. EVEN HKG MIGHT NOT HAVE A

CLEAR IDEA OF WHAT THE EXACT EXTENT OF DOUBTFUL LEGISLATION WOULD

BE.

(E) DISRUPTION TO LEGAL SYSTEM - THE BOR WOULD INTRODUCE INTO THE EXISTING LEGAL SYSTEM NEW CONCEPTS OF 'INTERNATIONAL LAW' AND 'GENERAL PRINCIPLES RECOGNISED BY THE COMMUNITY OF NATIONS' (ART. 12) FOR THE COURTS TO CONSIDER. THIS WOULD CAUSE CONFUSION.

(F) INFRINGEMENT ON CIVIL RIGHTS THE BL CLEARLY ACCORDED 'DIFFERENT POLITICAL RIGHTS' (SIC) FOR CHINESE CITIZENS AND

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