CONFIDENTIAL
h the autumn), though from a legal point of view it does not
matter which comes into effect first.
7. Our Legal Advisers have suggested that if some procedure for
examining the compatibility between the Bill of Rights and future
legislation prior to enactment is still considered desirable, one
possibility would be to formulate a Standing Order of the
legislature requiring a prior resolution of the legislature before
the second reading if a specified number of members raised the issue
of conflict on any Bill. (This would be similar to existing special
procedures in respect of financial bills). Such a procedure need
not be included in the Bill of Rights itself since LegCo has the
power to change its own rules of procedure. This idea might be
worth pursuing in due course, provided it is not likely to be
construed as fettering the powers of the future legislature.
8.
This minute has been cleared with the Legal Advisers.
ARPanc
A R Paul
CONFIDENTIAL