Similarly, the Hong Kong government should stipulate the
This, in our supremacy
view, over other Hong Kong laws. not invalidate the Bill after 1997, since its status render it equal to the Basic Law. We accept that the Bill be inferior
must to the Basic Law, and therefore provisions in the future constitution.
Bill's would
would not will with
comply
2) Relations with the Basic Law:
must be
take
this
do
As stated above, we understand that the Bill of Rights consistent with the Basic Law. However, we want to opportunity to stress in the strongest terms possible that we
and that we not accept certain provisions in the Basic Law, believe such provisions should be amended to bring them in
Sino-British with the letter and the spirit of the 1984 Declaration.
line
Joint
Law,
Bill of which
Some provisions have a bearing on the viability of the Rights. One of these is article 158 of the Basic deals with the question of interpretation.
We think
the
Basic
of
Rights
Law.
of of
Bill there are certain areas in the draft which
be may
inconsistent with the spirit of Article 27 of the Basic Law states that Hong Kong Special Administrative Region residents shall have freedom of speech, the Bill Yet article 16 of the press and of publication.
further,
freedom of Rights goes
stipulating that
expression and includes the freedom to seek, receive and impart information
two articles arise, ideas of all kinds. Should disputes over the
Law will it is
not difficult to imagine what impact the Basic have on article 16 of the Bill of Rights.
cannot be
limited
under
a
18 on the
We have similar misgivings about Basic Law article declaration of a state of emergency, and wonder whether this will conflict with
which outlines clause 5 of the Bill of Rights,
and which
of rights
state emergency. We are also concerned about Basic Law article 23 on subversion, and wonder whether this will conflict with article 16 on freedom of expression in the Bill of Rights.
can
potential
We are not sure whether there are definite conflicts in the above
but we
out areas,
difficulties in want to point interpretation after 1997, when the Basic Law comes into effect.
will
the such problems genuinely
depend exist, much
the interpetation of the Hong Kong courts and the final arbiter, Standing Committee of China's National People's Congress (NPC).
I f
on
We have in previous submissions to the government and the Law Drafting Committee highlighted our concerns over the power of
Basic Law. the NPC Standing Committee to interpret the believe this power should be firmly entrenched in Hong Kong,
Basic
We
as
P.2