TNAG-2177-FCO40-3114-Hong-Kong-Bill-of-Rights-1990 — Page 129

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

CONFIDENTIAL

CONFIDENTIAL

FM HONG KONG

TO PRIORITY FCO

TELNO 3135

OF 26050OZ OCTOBER 90

INFO ROUTINE PEKING, UKREP JLG HONG KONG

PART ONE OF TWO

PERSONAL FOR PAUL, HKD FROM GOVERNOR

(335)

002625

MOLIAN 1739

TOP COPY Q DIST ?

бившів'я

HKD $24" T

YRTELNO 1866 AND MY TELNO 3025 BILL OF RIGHTS (EOR)

1. YRTUR ASKED FOR A SITUATION REPORT ON THE BOR

OBJECTIVE AND BASIC CONSIDERATIONS

I

RECEP

- 5 NOV 1990

2. WE HAVE STATED PUBLICLY AND CONSISTENTLY THAT WE HAVE DECIDED TO IMPLEMENT OUR OBLIGATIONS UNDER THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS (ICCPR) BY ENACTING A BOR. THE OBJECTIVES OF THE BOR ARE TO ENSHRINE THE RELEVANT PROVISIONS OF

THE ICCPR IN ONE DOMESTIC INSTRUMENT SO THAT THE RIGHTS RECOGNISED THEREIN ARE JUSTICIABLE IN HONG KONG AND EFFECTIVE REMEDIES ARE AVAILABLE FOR ALL INFRINGEMENTS. THE BOR WOULD ALSO BE THE STANDARD AGAINST WHICH ALL HONG KONG LEGISLATION WOULD BE MEASURED, TO ENSURE ITS CONSISTENCY WITH THE ICCPR AS APPLIED TO HONG KONG.

3 TO SURVIVE AFTER 1997, THE BOR MUST BE COMPATIBLE WITH THE JOINT DECLARATION (JD) AND BASIC LAW (BL). A POLICY DECISION WAS THEREFORE TAKEN THAT THE BOR SHOULD REPRODUCE THE LANGUAGE OF THE ICCPR TO THE GREATEST EXTENT POSSIBLE SO THAT ITS SURVIVAL COULD BE ASSURED BY JD 156 AND ARTICLE 39 OF THE BL.

CHINESE REACTION

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