TNAG-2177-FCO40-3114-Hong-Kong-Bill-of-Rights-1990 — Page 72

09-NOV-1990 16:47

CONSTITUTIONAL AFFAIRS BR

852 840 1976

P.02

cc. Mr Fifoot.

MJ Barrett.

Dated: October 1990

HKD241/1

RECEIV

360) FC Telmo 2097-

refers.

MEMORANDUM OF THE

INTERNATIONAL HUMAN RIGHTS LAW GROUP

2097.

35

pa

вае.

12 NOV 1990

INDE

ON

SALE_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 DegCo 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