TNAG-2325-FCO40-3369-Hong-Kong-Bill-of-Rights-policy-1991 — Page 13

for support

satisfaction with and sentiment

this option. This is likely to be shared by many other members of the Group. There is, however, a possibility that a few members may wish to obtain from the Administration a clear undertaking that action will be taken to enact specific anti-discrimination legislation, that is to say, to press for the adoption of

option (c).

JU

advisory

Inera remains, however, the question of whether an Committee involving non-officials would be useful in, for example, the furtherance of human rights education in Hong Kong. If the Ad Hoc Group feels strongly that this should be pursued, we are prepared to consider whether Committee specifically for this purpose should be set up, or an advisory whether the functions envisaged could best be taken up by an existing advisory body, e.g. the Committee on the Promotion of Civic Education.

31

It should

application

not

be assumed that

restriction of

of the Bill to Government and public authorities will exclude inter-citizen actions altogether, individual relies

for if an for his alleged rights rights)

(e.g. inheritance on a statute which is discriminatory, then an adversely affected individual (e.g. the disinherited female) may seek to challenge the alleged rights and pursue her claim praying in aid the Bill of Rights. There may also be arguments as to what constitutes a public body or a public duty.

Timing

32

Subject to approval by the Council, the Senior British Representative of the JLG will inform the Chinese side as soon as possible of how we are going to deal with the amendments proposed to them

'.

After that, the amendments together with the Administration's proposal relating to inter-citizen rights will be made known to the LegCo Ad Hoc Group.

FINANCIAL AND STAFFING IMPLICATIONS

33

The proposals have no financial Or

staffing

implications.

PUBLIC REACTION

3

The proposals will certainly draw Buch media attention, particularly if relations with China are still tense because of discussions over the airport. likely

The general public is be more concerned about China's reaction over the Bill of Rights than with the revisions themselves, which are relatively sinor.

political, and human rights groups

to

Media,

CONFIDENTIAI