CONFIDENTIAL
4.
AFTER 1997, THE COVENANT WILL BE ENTRENCHED IN
SIMILAR FASHION BY VIRTUE OF ARTICLE 39 OF THE BASIC LAW.
5.
THE BILL OF RIGHTS, AS REFLECTION OF THE
PROVISIONS OF THE COVENANT, WILL BE THE BENCH-MARK BY WHICH
ALL LAWS ENACTED IN HONG KONG WILL BE TESTED BY THE COURTS.
6.
ALL LAWS ENACTED IN HONG KONG WILL HAVE TO BE
CONSISTENT WITH THE BILL OF RIGHTS. IT WILL NOT BE POSSIBLE
TO AMEND THE BILL OF RIGHTS IN ANY WAY WHICH WOULD MAKE IT
INCONSISTENT WITH THE ICCPR.
[DEFENSIVE ONLY
7.
THE BILL OF RIGHTS WILL NOT ITSELF BE ENTRENCHED.
IT WOULD THEREFORE BE POSSIBLE FOR A FUTURE LEGISLATURE TO
REPEAL THE BILL OF RIGHTS, EITHER PARTIALLY OR IN ITS
ENTIRETY.
8.
NOTWITHSTANDING THIS, THE FUTURE HKSAR GOVERNMENT
WOULD STILL BE BOUND TO COMPLY WITH THE PROVISIONS IN THE
ICCPR BY VIRTUE OF ARTICLE 39 OF THE BASIC LAW. THUS ALL
HKSAR LEGISLATION WOULD STILL HAVE TO CONFORM WITH THE
ICCPR.]
CONFIDENTIAL