ONES HURTTA
4
the Colonial Laws Validity Act 1865 (28 & 29 Vict.c.63). The Hong Kong Act 1985 is not relevant in the present
context.
11.
It follows, subject to what is said below, that there can be no entrenchment of the Bill against, or supremacy of the Bill
Bill over
over conflicting subsequent legislation without United Kingdom legislation. One would expect such legislation to take the form of an Act of Parliament or Orders in Council under such an Act,
for local legislation can amend prerogative instruments provided "the local legislature does not go beyond any general limit governing its law-making authority". (Roberts Wray P 375).
Amendments to prerogative instruments will therefore be considered when dealing with procedural safeguards and not legal entrenchment.
12.
As there is nothing relevant in the Hong Kong Act 1985 SO new United Kingdom legislation is called for. The problem that an Act of the Federal Parliament of Canada could not bind Parliament was the reason, or one of the reasons, why the Canadian Bill of Rights was eventually enacted and, entrenched by, the Canada Act 1981 (c.11) of the United Kingdom.
13.
The alternative method
of
Constitutional
style)
entrenchment, abrogating che old (British Constitution founded at however many removes on the
U.K.'s power to legislate and bringing in a new
Constitution based on
'the will of
of the people' thereby effecting a legal revolution,
diplomatically worded
Kong is a dependency.
S
-
however
is not available so long as Hong
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