2·8.89
CUNFIDENTIAL
&
(2)
the same coin.
Entrenchment and Supremacy
(Prior to. 1997)
in
Entrenchment and supremacy are two sides of
A Bill of Rights cannot be supreme, the sense that it will prevail against other laws, unless it is entrenched against amendment by those laws. Entrenchment is the foundation
the foundation on which
on which supremacy is
based.
2.
Let us then look to the position of a Bill of Rights enacted by Hong Kong Ordinance. There is, of course, no · difficulty in ensuring that the Bill of Rights will prevail over pre-existing legislation or other pre-existing legal instruments (which are repealed or modified to the extent of the inconsistency) has the
force of law,
and that subsequent laws shall be
construed SO as to give
give effect to difficulty arises where there is a clear conflict
the Bill.
The
between the terms of the later Ordinance and the Bill.
Supremacy over Pre-existing Legislation
3.
A later Ordinance repeals on earlier, if inconsistent with it, although courts will, if possible read the two Ordinances together Co avoid the inconsistency. A Bill of Rights will, accordingly repeal earlier law inconsistent with it unless there are express savings. The problem of conflicting laws has arisen in a number of jurisdictions. Belize (S.I. 1981/1107) gave itself 5 years to bring its laws into conformity with the Bill -
"21. Nothing contained in any law in force immediately before Independence Day nor anything done under the authority of any such
CONFIDENTIAL