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conferred by the Bill are not restricted in a manner inconsistent
with the Covenant. After 1997, Article 39 of the Basic Law will
itself restrict the powers of the SAR legislature to derogate from the rights and freedoms accorded by the Covenant as applied to Hong Kong. This Article provides that the provisions of the Covenant as
applied to Hong Kong "shall remain in force and shall be implemented through the laws of the Hong Kong Special Administrative Region";
and that the freedoms so enjoyed shall not be restricted so as to
contravene that provision.
8.
The Committee also recommended that the Hong Kong Government should review existing laws to identify areas in possible breach of
the international covenants. Such a review is in hand. The present intention is that there should be a freeze period following the enactment of the Bill of Rights during which any provision in an existing law which plainly conflicts with the ICCPR may be repealed
or amended.
Article 18 of the Basic Law
9.
The Committee took the view that Article 18 of the draft Basic
Law needed revision in order to limit the powers of the central government to interfere in the maintenance of public order in the
Hong Kong Special Administrative Region only to a time of war (paragraph 2.12). In this respect, the final version of Basic Law
is an improvement on the second draft. Article 18 has been amended
to provide for the Central Authorities to intervene by applying relevant national laws in a state of emergency other than war only if the turmoil is both beyond the control of the government of the
SAR and endangers national unity or national security.
Amendment of the Basic Law
10. The Committee took the view that all proposed amendments to the
Basic Law should have the agreement of both the Standing Committee
of the NPC and of the Legislative Council and Chief Executive of the
Hong Kong SAR before being submitted to the NPC. The Committee also
CATAAU (4)
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