M.A
(Cont'd)
should
be
(e)' Care
taken not το jeopardize Chinese agreement in
the Joint Declaration and Article 39 of the draft Basic Law that the provisions of the ICCPR and the International Covenant on Economic, Social and Cultural Rights as applied to Hong Kong should remain in force in the SAR. As far as the ICCPR was concerned, this could perhaps best be achieved by the Bill of Rights following closely the wording of the ICCPR.
DECISION
that
The Council ADVISED and the Governor ORDERED
a further submission should be made to the Council on 23 January 1990 outlining the advantages and disadvantages of -
(a)
the following proposals, the intention of which are to ensure that the Bill of Rights remains in essence, superior to other local Ordinances
(i)
(ii)
provisions
that all future Ordinances should stipulate that if they contain in conflict with the Bill of Rights, then the latter should prevail;
the Rule of Construction approach, namely that all future legislation should be interpreted as being consistent with and not amending, the Bill of Rights unless the legislation
states otherwise;
expressly
(iii) the Rule of Law approach, namely that all future legislation that amends or is inconsistent with the Bill of Rights, should not have effect unless it specifically states
that
notwithstanding
it
contained in the Bill of Rights;
operates provisions
amending to read,
with
this
"Certification of future legislation to
(b)
clause 4 Heading
ensure
consistency
Ordinance.";