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Form of the BOR
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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
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