CONFIDENTIAL
Clause 4 is very important
very important in this context.
4
Its effect
is to enable a clear and public warning to be given to the Legislative Council that they are being asked to enact legislation which is inconsistent with the Bill of Rights.
Q.9
BLDC Special Group on Residents' Rights and Obligations' misgiving about the concept of supremacy. What is the HKG view?
A.9
It is not for the HKG to explain the nature of the Group's misgivings, which were expressed before the Bill had been published. But they were unfounded if they were based on a fear that the Bill would seek to reduce the powers to be given to the SAR legislature by the BL.
Q.10
A.10
Entrenchment. Why the White Bill does not contain entrenchment provisions?
It is a principle of British constitutional law that a legislature cannot bind its successors. Nor can it
the power to legislate on
abandon
a
particular
subject.
we
can
It is not therefore possible to prevent the future amendment of the Bill of Rights. At most inhibit future legislatures from amending ΟΙ repealing it. Entrenchment is therefore a measure to
inhibit other than prevent amendment of the Bill of Rights.
CONFIDENTIAL