TNAG-2177-FCO40-3114-Hong-Kong-Bill-of-Rights-1990 — Page 58

justification for continuing those reservations following the

U.K.'s withdrawal from Hong Kong.

CONCLUSION

Based on all the foregoing, the International Human

Rights Law Group urges the UK and Hong Kong Governments to adopt

the following recommendations to provide a Bill of Rights in Hong

Kong that adequately gives effect to the rights recognized in the

International Covenants:

(1) nullify the freeze period applicable to all pre- existing legislation and limit the freeze period for legislation cited in the Schedule to six months, with the possibility of one extension provided for by the Legislative Council;

(2) provide effective remedies for threatened or actual violations of the Bill of Rights, including not only tort claims but also interim and permanent injunctive and declaratory relief;

(3) Ensure the availability of private remedies against non-governmental bodies for violations under the Bill of Rights, including Article 14;

(4) provide for continuing international monitoring of compliance with the International Covenants in Hong Kong by entering into a Memorandum of Understanding with the U.N., and providing in the Bill of Rights that Hong Kong will continue to submit periodic reports to the U.N. as though Hong Kong were a party to the Covenants;

(5) amend the Letters Patent to restrict the Hong Kong Legislative Council from enacting subsequent legislation overriding the Bill of Rights;

(6) Preserve the limited suffrage currently provided for in the Basic Law, and provide for the ultimate goal of a popularly elected Chief Executive and Legislative Council;

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