CONFIDENTIAL

Form of the BOR

5

機密

11.

2 submissions make

reproduction

of the

the point that direct text of the ICCPR is not satisfactory

and such provisions should be adapted, clarified and amplified to make them fit for implementation in local law.

Status of the BOR

12.

21

submissions

ask that the BOR be entrenched to

make it supreme in the laws of Hong Kong. 12 favour

entrenchment of the BOR in the Letters Patent before 1997.

Some suggest special

special procedural requirements, such as

agreement by at

least two-thirds or three-quarters of the

legislature, for any proposed amendment to the BOR. One

submission suggests incorporating the BOR in the Basic Law

(as an Annex) after 1997, while 3 others suggest

incorporating the provisions of the BOR in the Letters

Patent.

2 submissions suggest the incorporation of the human rights provisions in Chapter 3 of the Basic Law into

the Letters Patent.

Freeze period : Clause 1(2)

13.

32 submissions express views on the proposed freeze period. Only 3 are totally opposed to the idea.

15 suggest that the period be shortened to half to one

year.

The Bar Association feels that the freeze should

only be considered in respect of laws relating to discrimination and onus of proof. The Law Society suggests

CONFIDENTIAL

機密

Share This Page