TNAG-2325-FCO40-3369-Hong-Kong-Bill-of-Rights-policy-1991 — Page 91

Ms Major

HKD

Bill of Rights

One

Tel

&

Reference

HKC 241/5

10 MAY 1991

: Hle Tel Nos: 1378, 9379

the probleme

3.9

I have with these lels

I

and the legal paper is that HKG have

not set out the basis on which the variour

ред

38

police options are being considered (eg para 2 of разгор Tel 1378 givel

no reasons for their preferred approach), Nor does the legal paper indicate that the kind of research which I would consider necessary has been done- eg. study of the scope of application of Bills of

its in other common law jurisdictions,

Rights

In

a

number of comtries

The U.5 and

India for example - there is voluminous case

law

the definition

"all other authorities"

Them

such expressions as

#1

the state" and

"which I would expect

to have taken into account. No doubt the

Canadian experience

It is

clear from the

is also relevant.

enomous volume of

c

care

litigation in these countries that very great.

to be taken in the draughing of their Clause 7, and without the benefit of the

neede

new

necessay research, this is not a which hasty legal advice

adrice can, or

on

point a

ought,

to

CODE 18-77

be giver.