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Defensive O & As on the Bill of Rights for JLG XVIII
HKC241/5
The BL provides more extensive, adequate, and complete guarantees for the rights and freedoms of Hong Kong residents. Also, the ICCPR has for years been implemented in Hong Kong through a combination of common law, statute law, and administrative
measures. Why need a BOR now?
There are many reasons for having a Bill of Rights. The Chinese side are aware that there is, in any event, an obligation to respect the rights and freedoms set out in the ICCPR.
But if these
obligations are to be ensured against inadvertent inconsistency or against inattention, the most effective way is through a Bill of Rights. More particularly, however, the Bill of Rights will render the rights recognised in the ICCPR directly justiciable in Hong Kong courts.
it
The idea is not new in Hong Kong and has been the subject of discussion and increasing momentum for some years. It was raised for instance during public discussion of the first draft of the Basic law. In particular,
represents a world-wide trend, [including
British dependencies.] The advantage of a Bill of Rights is that fundamental rights and freedoms are ensured by a single piece of domestic law. Hong Kong people have expressed their preference for this approach.
an
established trend
in
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