Clerk to
Panel on Security
LegCo
Secretariat
3/F,
Citibank Tower
3 Garden
Road
Hong Kong
(Attn. Mrs Sharon Tong)
Dear Mrs
Tong,
Proposals to implement Article 23 of the Basic Law
The
Consultation Document on the above subject states that one of the
Administration's guiding principles is the need to comply with human rights
guarantees in the Basic Law and international human rights covenants.
The Department of Justice is satisfied that the proposals put forward fully comply with these guarantees. However, some commentators have suggested that human rights would be eroded if the proposals were implemented.
In
view of the importance of this issue, the Department of Justice has sought a
second opinion from one of the leading human rights lawyers in the United
Kingdom, Mr David Pannick QC. Mr
Pannick has argued over 50 cases in the House of Lords and over 20 cases in the
European Court of Human Rights. He
is the joint general editor, with Lord Lester of Herne Hill QC, of the leading
work "Human Rights Law and Practice".
Given
that the Article 23 proposals are of great constitutional importance and are
arousing widespread public discussion, the Administration has decided that it
is appropriate to release Mr Pannick's opinion
(Please open the file by "Imaging" Software). A copy is therefore enclosed. I would be grateful if you would supply copies of the
opinion and this letter to members of the Joint Panel.
I
would emphasize that legal advice given to the Administration normally is
confidential and, for good reasons, is not released. It might, for example, relate to a particular dispute
between parties or its release might prejudice current or subsequent legal
proceedings. The decision to
release Mr Pannick's opinion in this case is made in the light of the special
context in which it was obtained, and should not be regarded as a precedent for
the release of legal advice in other contexts.
Yours
sincerely,
( Bob Allcock )
Solicitor General