TNAG-2325-FCO40-3369-Hong-Kong-Bill-of-Rights-policy-1991 — Page 11

On the one hand this option does, at once, give effect to most of our obligations, under the Covenant. the

On the other

enactment of the Bill of Rights brings with it a jurisprudence with which the courts and unfamiliar,

practitioners are even without inter-citizen rights, fears

so that the expressed about uncertainty to the business sector with the Bill as it is, not backed by detailed legislation in the key area of non-discrimination, has force. It is in any event an option which the Ad Hoc Group is highly unlikely to accept.

Option (b)

25

Under this option, most Articles of the Bill would still apply between citizens, but the most contentious would not (i.a. privacy, freedom to seek information and most aspects of discrimination). The advantages of this option are that most of the obligations under the Covenant would be fulfilled, and yet the

concerns of the business community would be addressed. The disadvantages are that the inter-citizen rights created by the remaining Articles -

(a) would remain actionable in the courts without further clarification of their meaning; and

(b)

would include certain aspects of discrimination (e.g. the example given in paragraph 18 (a) above), which would be of uncertain scope.

We

We have

even

These disadvantages might lead to further calls for the establishment of a Human Rights Commission to deal with those inter-citizen rights, and for the enactment of detailed legislation concerning those areas the application of which is deferred or excluded, mainly in respect of discrimination. find it difficult to agree to these demands. considerable reservation over the setting up of a Human Rights Commission

perform arbitration/mediating OF adjudicating roles because this would be a departure from our existing legal system and is likely to meet opposition from the Chinese side. As noted in paragraph 27 below, it is premature to commit ourselves to introducing specific legislation concerning discrimination. Without any commitment that such demands will be met, the option may not be acceptable to the Ad Hoc Group.

to

MEGIONS (0) and

26

Under option (c) or (a) all direct inter-citizen rights would be removed from the Bill. The concerns of the business Community

therefore be largely met. However,

would

CONTIDCA