TNAG-2320-FCO40-3364-Human-rights-in-Hong-Kong-1991 — Page 80

1991-06-06

03:36

G.1.9

ぐっていうしんター

YW BOR

TAN CEDAN.

P.01 05

WEDNESDAY, JUNE 5, 1991

HKC241/2

RECOMMENDATION FOR A SELECTED FREEZE OF ORDINANCES UNDER

BILL OF RIGHTS ACCEPTED

THE ADMINISTRATION HAS DECIDED TO ACCEPT THE GROUP'S RECOMMENDATION FOR A SELECTED FREEZE OF ORDINANCES LISTED IN A SCHEDULE UNDER THE HONG KONG BILL OF RIGHTS BILL SECRETARY, THE HON SIR DAVID FORD SAID TODAY (WEDNESDAY).

CHIEF

LEGCO AD

HOC

1990, THE

SPEAKING AT THE SECOND READING DEBATE ON THE BILL, SIR DAVID SAID THE ADMINISTRATION TOOK FULL NOTE OF THE AD HOC GROUP'S UNHAPPINESS WITH THE IDEA OF A BLANKET FREEZE FOR A YEAR, RENEWABLE FOR A FURTHER YEAR, ON ALL EXISTING LEGISLATION.

"WE HAVE NOW IDENTIFIED THOSE AREAS WHERE OPERATIONAL OF THIS KIND MIGHT BE PARTICULARLY UNFORTUNATE, AND WITH THE STRENGTH VACUUMS OF CONCERN EVIDENT OVER THE ISSUE, THE ADMINISTRATION HAS DECIDED ACCEPT THE AD HOC GROUP'S RECOMMENDATION FOR A SELECTED FREEZE ORDINANCES LISTED IN A SCHEDULE, SIR DAVID SAID.

TO OF

SHOULD THAT RECOMMENDATION BE ADOPTED, THE CHIEF SECRETARY POINTED OUT THAT THOSE ORDINANCES ALONE WOULD BE IMMUNE FROM THE OPERATION OF THE BILL OF RIGHTS FOR ONE YEAR, SUBJECT ONLY TO AN EXTENSION FOR A FURTHER YEAR IN RESPECT OF ANY OR ALL OF THE ORDINANCES, BY APPROVAL OF THE LEGISLATIVE COUNCIL.

LISTED

"WHETHER ANY PARTICULAR PROVISIONS OF OUR LAW TURN OUT CONFLICT WITH THE BILL IS ULTIMATELY A MATTER FOR OUR COURTS, INCLUSION OF AN ORDINANCE IN THE SCHEDULE, DOES NOT MEAN THAT ORDINANCE OR ANY PART OF IT IS IN FACT IN CONFLICT,' SIR EXPLAINED.

TO

AND

THE

DAVID

HE NOTED THAT IT HAD BEEN SAID THAT THE GOVERNMENT HAD HAD LONG ENOUGH TO ENSURE THAT HONG KONG'S LAWS COMPLIED WITH THE COVENANT AND, FURTHER, THAT IT WAS NECESSARY TO ENSURE THAT THE COURTS NIGHT AS SOON AS POSSIBLE TO DEVELOP THEIR BILL OF RIGHTS JURISPRUDENCE.

BEGIN

"WE HAVE INDEED BEEN LONG AWARE OF OUR INTERNATIONAL OBLIGATIONS AND THEY HAVE NOT BEEN IGNORED.

THESE

ADDRESS

TO DOUBLY

SURE

"THE PLAIN FACT IS THAT THE ABILITY OF THE COURTS OBLIGATIONS DIRECTLY REQUIRES THAT WE SEEK TO MAKE THAT IN CERTAIN CORE AREAS WE WILL NOT BE FOUND WANTING. THE MEASURE IS A PRECAUTIONARY ONE.

ONE. THE PERIOD IS SHORT, AND THE 1.ISTED ARE PEW,' THE CHIEF SECRETARY SAID.

ORDINANCES

HE POINTED OUT THAT THE ADMINISTRATION HAD MOVED CONSIDERABLY FROM ITS ORIGINAL POSITION, IN DEFERENCE TO THE STRENGTH OF EXPRESSED BY THE AD HOC GROUP AND OTHERS, AND HE URGED THE LEGISLATIVE VIEWS

COUNCIL TO ADOPT THE RECOMMENDATION OF THE AD HOC GROUP.

AS ΤΟ WHETHER THE BILL OF RIGHTS SHOULD

GOVERN OBLIGATIONS

BETWEEN AGREED

INDIVIDUALS, THE CHIEF SECRETARY SAID THE GOVERNMENT TO EXCLUDE FROM THE OPERATION OF BILL OF RIGHTS CITIZEN RIGHTS

ALL INTER- AND OBLIGATIONS, AND THAT THE ORDINANCE ONLY THE GOVERNMENT AND ALL PUBLIC AUTHORITIES.

SHOULD BIND

HAD

HE POINTED OUT THAT IN THE LIGHT OF CONCERNS EXPRESSED BY COMMUNITY DURING THE PUBLIC CONSULTATION PROCESS, THE AGREED,

ADMINISTRATION WHEN THE BILL WAS INTRODUCED IN. THIS COUNCIL, TO APPLICATION TO THE PRIVATE SECTOR OF ARTICLE 14, THAT WAS, THE

DEFER TO PRIVACY.

THE

THE RIGHT