TNAG-2487-FCO40-3618-Future-relations-between-Hong-Kong-and-China-1992 — Page 187

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Human Rights under the Bill of Rights (Chapter XII).

Implementation

are

The BOR came into operation on 8 June 1991. Since then, a number of cases involving BOR points have arisen in

the courts.

The courts have generally demonstrated a sensitivity to human rights issues and have shown that they best placed to monitor implementation of the BOR. As a result of media reports and comments on some of the more significant cases, the public are increasingly aware of the impact of the BOR. To-date, the BOR has not resulted in

any fundamental change in the operation of the legal

system, nor have the courts become clogged with issues raised under the legislation.

This

Chapter

recommendations.

ends

with conclusions and

The five conclusions or recommendations

are set out below with comment-

(a)

"Section 5

be amended

of the Bill of Rights Ordinance should to restrict the power of derogation to emergencies which threaten the life of Hong Kong."

Comment: The reference in section 5 to a threat to

the life of 'the nation' rather than 'Hong Kong'

mirrors the International

Political Rights.

The

adoption of the Covenant's

Covenant on Civil and

reason for a literal

provisions is well

known.

(b)

"The power to extend the

exemption of certain

Ordinances from the Bill of Rights Ordinance for a

second year should not be exercised."