2
0.6
A.6
Q.7
A.7
Q.8
A.8
What status will the Bill have?
Bill of Rights derives from ICCPR, international agreement which will continue to apply to Hong Kong after 1997. Prior to 1997, the Governor is prohibited from assenting to
any Bill whose provisions are inconsistent with obligations imposed on Hong Kong by treaty i.e. including the ICCPR unless he is authorised to do so by the British Government (Royal Instruction XXVI (6)). Further, the Letters Patent will be amended to ensure that up to 1997 no legislation can be passed in HK which is incompatible with the ICCPR as applied to HK. After 1997, any amendment of
of the Bill of Rights incompatible with the ICCPR would breach the JD and the Basic Law. Entrenching the ICCPR as applied to HK in these ways will provide a high degree of security for Bill of Rights.
Further proposals to emphasise importance of the Bill of Rights and seek to inhibit amendment are as follows :
Bill of Rights to contain an interpretation clause calling on judges to interpret legislation in a way consistent with Bill of Rights if possible to do
$0.
As a matter of practice, all
new legislation to contain a provision making it subject to the Bill of Rights. Will ensure the human rights aspect considered when each new Bill enacted.
Bill of Rights in this form, together with guarantee already given in the BL & JD to observe rights recognized in ICCPR, will ensure high level of human rights protection in HK before and after transfer of sovereignty.
Cin theory
Can the Bill be amended by subsequent legislation?
Future amendment of the Bill of Rights still possible However such amendment would have to be consistent with the provisions of the ICCPR as applied to HK. Also such amendment would be drawn to the attention of the public and the legislature by mechanisms set out at Q. 6 above.
Led to believe there would be a procedure whereby AG's certificate issued with each new Bill. Why dropped?
Considered a certificate procedure, but felt it would place impossible task on AG. In light of proposed practice of inserting provisions in all future bills that they are subject to Bill of Rights, no need also to have AG certificate procedure.
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