TNAG-2325-FCO40-3369-Hong-Kong-Bill-of-Rights-policy-1991 — Page 126

bob. GUVERNMENT HUUSE

HUNG KUNG

91

4-30 11:58

For decision

on 30 April 1991

THE PROBLEM

Major

CONFIDENTIAL B

MA

Blue Volume XXXXVrij

XCX (91) 22 Copy No..

ANDUM FUR EXECUTIVE COUNCIL

BILL OF RIGHTS: OUTSTANDING ISSUES

HKC 241/5

Сала)

&Ms Barrett (32

and pw He Tano 1312.

outstanding issues concerning the Hong Kong Bill

of Rights Bill 1990 need to be resolved.

RECOMMENDATION AND ADVICE SOUGHT

2

It is recommended that

-

Ru

1/5.

(a)

in the absence of

agreement with the Chinese side over the Bill of Rights, the following amendments should still be proposed to the Legislative Council (paragraphs 9-11) -

(i)

clause 4 should be amended to read "All legislation enacted after the commencement date shall, to the extent that it admits of such a construction, be construed so as to

consistent

the International Covenant on Civil and Political Rights as applied to Hong Kong";

be

with

(ii) the Long Title should be amended to read : "A Bill to provide, by means of a single legislative measure, for the incorporation into the law of Hong Kong of provisions of the International Covenant on Civil and Political Rights as applied to Hong Kong, and for ancillary and connected matters. 10 ;

(iii) the Preamble should be deleted;

(iv)

:

clause 2(3) should be amended to read

"In interpreting and applying this ordinance, regard shall be had to the fact that the purpose

this Ordinance is to

of

CONFIDENTIA I

B

±728

26/4/96