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Explanatory Memorandum
The purpose of this Bill is to implement further the
International Covenant on Civil and Political Rights ("ICCPR") as
applied to Hong Kong by -
(a) making the rights recognized in the ICCPR part of the
domestic law, to be known as the Hong Kong Bill of Rights;
(b)
2.
and
providing remedies in respect of a violation of any of
those rights.
Clause 2 is an interpretation provision. Amongst other
things, it provides that, in interpreting and applying the Ordinance,
regard shall be had to the fact that its purpose is to implement
further the ICCPR.
3. Clause 3 provides that existing enactments shall, if
possible, be construed consistently with the Bill.
Those enactments
that cannot be so construed are, to the extent of the inconsistency,
repealed. These provisions come into operation 2 years after the
commencement of the Ordinance resulting from the Bill. Other
existing laws that are inconsistent with the Bill are immediately
abrogated.
4.
Clause 4 provides that subsequent enactments are, to the
extent that this is possible, to be construed as being subject to the
Bill.
5. Clause 5 provides for future legislation to be accompanied
by a certificate signed by the Attorney General, stating whether in
his opinion it amends or is inconsistent with the Ordinance resulting
from this Bill.
6.
Clause 6 provides that in time of public emergency which