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5
Entrenchment could take the
form of
5
prescribing
the enactment of
special procedures governing amending or repealing
or repealing legislation e.g. special voting requirements. However any attempt by the HKG to
reduce the powers to be given to the future SAR
Government by the BL would run the risk of
contravening the BL.
would jeopardise the
That
survival after 1997 of the Bill.
We therefore propose inhibiting amendment in another
way. Under Clause 4 of the Bill, the AG will provide
a certificate stating whether proposed legislation
amends or is inconsistent with the Bill of Rights. In deciding whether to enact new legislation, the
legislature should therefore be aware of the legal
consequences for the Bill of Rights and should be
inhibited from doing anything that conflicts with the
Joint Declaration, the ICCPR or the Basic Law
(Article 39).
0.11
Will the UK Government enact provisions to entrench the
Bill?
A.11
There are no plans for this. No such provisions could
survive after 1997. [This is because all UK enactments will cease to have effect in Hong Kong on 1 July 1997 -
see JDS 53 and 57.)
Q.12
A.12
How to ensure that the two International Covenants
continue to apply to HK after 1997?
The provisions of the two Covenants as applied to HK
shall remain in force (JD 156). JLG tasked, under
JD 178, with "action to be taken by the two Governments
to ensure the continued application of international
rights and obligations affecting HK."
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