TNAG-2177-FCO40-3114-Hong-Kong-Bill-of-Rights-1990 — Page 46

MEMORANDUM OF THE

INTERNATIONAL HUMAN RIGHTS LAW GROUP

ON

THE HONG KONG BILL OF RIGHTS BILL 1990

This memorandum of the International Human Rights Law

Group ("Law Group") reviews the Hong Kong Bill of Rights Bill

1990 published in July. In June of this year the Law Group submitted to the LegCo Ad Hoc Group its first memorandum on the

Draft Hong Kong Bill of Rights Ordinance.

This memorandum

focuses on the Law Group's concerns regarding certain revisions to the Draft Bill of Rights found in the Hong Kong Bill of Rights Bill as well as certain provisions which remained unchanged from

the previous draft.

The Law Group notes with concern the following revisions to the Draft Hong Kong Bill of Rights:

(1)

(2)

(3)

the continued application of a "freeze" period by which pre-existing legislation in conflict with the Bill of Rights would remain in force for up to two years or more beyond the date of enactment of the Bill of Rights;

inadequate means for preventing or remedying violations of rights protected by the International Covenant on Civil and Political Rights ("ICCPR") and the International Covenant on Economic, Social and Cultural Rights ("ICESCR");

Limitations on private remedies against non- governmental bodies for violations under the Bill of Rights.

1

1.