TNAG-2176-FCO40-3113-Hong-Kong-Bill-of-Rights-1990 — Page 75

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

1

13

treatment will not be discriminatory. In this context we

have noted the arguments that customary law helps preserve

a traditional way of life and is essential in order to

maintain the cultural life and moral values of the NT

villages. However, there can be no question of excluding

indigenous villagers in the NT from the application of the

fail to be a full

Bill as this would clearly

implementation of the ICCPR.

25.

Secondly, we do not recommend any exemption to

enforcement agencies. This issue has

the ICAC and law

attracted intense

discussion during the consultation

period. I note that the LegCo Ad Hoc Group in its report

makes it abundantly clear that it does not support any

exemption to any group or agency from the Bill of Rights.

We all recognise that there is a need to strike a balance

between protection of individual rights and the effective

maintenance of law and order. I believe, Sir, this is one

of the issues we have to examine with the utmost care

during the proposed freeze period. I am however confident

that ways can be found to ensure, on the one hand, that

the ICAC, and Police and the like agencies will continue

to operate at a high standard of effectiveness, and on the

other, that the ordinances in question will be consistent

with the Bill of Rights. Indeed there are a number of

countries whose law enforcement agencies have to operate

within constitutional guarantees for basic human rights

Page 75Page 76

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.