TNAG-2177-FCO40-3114-Hong-Kong-Bill-of-Rights-1990 — Page 69

CONFIDENTIAL

Reference..

20.

'It means the absence of arbitrary power; effective control of and proper publicity for delegated legislation, particularly when it imposes penalties; that when discretionary power is granted the manner in which it is exercised should as far as is practicable be defined; that every man should be responsible to the ordinary law whether he be private citizen or public officer; that private rights should be determined by impartial and independent tribunals; and that fundamental private rights are safeguarded by the ordinary law of the land.' (Wade and Phillips, Constitutional Law, 8th Edition, pages 76 to 77.)

"It follows that no person could be deprived of the equal protection of the law except by express legislation." (UNDoc ref: CCPR/C/1/Add. 37).

The HRC considered the UK's report on its dependent territories at its 161st-164th meetings held on 6-7 August 1978. One member of the Committee asked whether an "express act of Parliament" (sic) imposing equal protection by the law had ever been passed in the Territories under consideration while another member queried the "restrictive" interpretation of Article 26 on which certain dependent territories including Hong Kong had based their observations concerning compliance with this article. The various published records of the proceedings do not include any specific response to these points by the UK representatives attending the meeting. According to the records published in the Yearbook of the HRC

(1979-80), Mr Stratton responded to various points on Hong Kong by referring to the territory's special geographical and historical circumstances. According to a UN Geneva Press Release, Sir Michael Hogan said that there were no serious departures from the Covenant's provisions, although there might be gaps on certain points. According to the same release, he added that the UK did not develop a body of administrative law for its overseas territories, but there existed adequate remedies and effective means to obtain redress. (Sources: Yearbook of the HRC, 1979-80, CCPR/2/Add. 1, Vol. I, pages 176-185 and Vol. II, pages 505-6; Press Release HR/757, 7 August 1979).

References to property rights, the Covenants and land questions in Sino-British negotiations

SOLAAF

CODE 18 77

CONFIDENTIAL

Redacted under FOI exemption 27(1).