Clause 2
1
CONFIDENTIAL
6
Interpretation
12.
given a meaning.
Some of the terms used in the draft Ordinance are
Also, it is made clear that when the
courts are giving a meaning to words that are not defined,
they should look to the Covenant for guidance and also to
decisions by courts or like bodies that might have
interpreted the Covenant, or similar words from other human
rights treaties. Lastly, this clause makes it clear that
fundamental rights and freedoms that the law recognizes but
which are not included in the Bill of Rights still exist to
their full extent, and that no one is permitted to do
anything to undermine the rights and freedoms that are in
the Bill of Rights.
Clause 3 Ordinance to override existing law
13.
If a provision in an existing law conflicts with
the Bill of Rights then it is repealed and is no longer the
law.
14.
Existing legislation will
legislation will not be repealed in this
the Bill of Rights becomes the law.
way for 2 years after the Bill of
This allows time for Hong Kong laws to be checked to make
sure that they comply with the Bill of Rights. If they do
CONFIDENTIAL