TNAG-2553-FCO40-3728-Hong-Kong-Bill-of-Rights-review-of-legislation-1992 — Page 152

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CONFIDENTIAL

HICC241/1

160650

MDHIAN 8341

CONFIDENTIAL

FM HONG KONG

TO DESKBY 08120OZ FCO

TELNO 56

OF 081052Z JANUARY 92

Dr Marki

TOP COPY

INFO PRIORITY PEKING, UKREP JLG HONG KONG Q DIST ?

BILL OF RIGHTS: REVIEW OF LEGISLATION

SUMMARY

1. SIX ORDINANCES ARE EXEMPTED FROM THE OPERATION OF THE BILL OF RIGHTS (BOR) UNTIL 7 JUNE 1992. WE NEED TO AMEND THESE ORDINANCES TO MAKE THEM COMPATIBLE WITH THE BOR. BEFORE THIS WE NEED TO DECIDE HOW TO HANDLE THE QUESTION OF CONSULTATION WITH THE CHINESE.

BACKGROUND

2. SIX ORDINANCES ARE CURRENTLY UNDER EXEMPTION FROM THE OPERATION OF THE BOR UNTIL 7 JUNE 1992. THEY ARE:

IMMIGRATION ORDINANCE (CAP 115)

SOCIETIES ORDINANCE (CAP 151)

CRIMES ORDINANCE (CAP 200)

PREVENTION OF BRIBERY ORDINANCE (CAP 201)

INDEPENDENT COMMISSION AGAINST CORRUPTION ORDINANCE (CAP 204) POLICE FORCE ORDINANCE (CAP 232)

3. IT IS IMPORTANT THAT WE SHOULD INTRODUCE AMENDMENTS TO THE SIX ORDINANCES BEFORE THE FREEZE PERIOD EXPIRES. LEGCO IS EMPOWERED TO EXTEND THE FREEZE FOR A FURTHER YEAR FOR ANY OR ALL OF THE ORDINANCES, BUT WE WOULD EXPECT TO HAVE DIFFICULTIES IN SECURING SUPPORT IN LEGCO FOR SUCH AN EXTENSION. THE ONLY SITUATION IN WHICH THE EXTENSION MIGHT BE AGREED IS IF WE HAD INTRODUCED THE AMENDMENTS BEFORE THE EXPIRY OF THE FREEZE PERIOD AND LEGCO MEMBERS WANTED MORE TIME TO CONSIDER THEM.

4. WE HAVE DRAFT BILLS READY NOW TO AMEND THE PREVENTION OF BRIBERY ORDINANCE AND THE ICAC ORDINANCE. WE HOPE TO INTRODUCE AMENDMENTS TO THE CRIMES ORDINANCE LATER IN FEBRUARY OR MARCH. WE WILL NOT HOWEVER BE READY WITH AMENDMENTS TO THE OTHER ORDINANCES UNTIL EASTER AT THE EARLIEST. AMENDMENT TO THE POLICE FORCE ORDINANCE, FOR EXAMPLE, WILL HAVE TO TAKE ACCOUNT OF A REPORT ON POLICE POWERS TO BE SUBMITTED BY LAW REFORM COMMISSION NEXT

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