Explanatory Memorandum
The purpose of this Bill is to implement further the
International Covenant on Civil and Political Rights ("ICCPR") as
applied to Hong Kong by
(a) making the rights recognized in the ICCPR part of the
(b)
2.
domestic law, to be known as the Hong Kong Bill of Rights;
and
providing remedies in respect of a violation of any of
those rights.
Clause 2 is an interpretation provision. Amongst other
things, it provides that, in interpreting and applying the Ordinance,
regard shall be had to the fact that its purpose is to implement
further the ICCPR.
if
3. Clause 3 provides that pre-existing legislation shall,
possible, be construed consistently with the Bill. Any legislation
that cannot be so construed is, to the extent of the inconsistency,
repealed. These provisions come into operation 1 year after the
commencement of the Ordinance resulting from the Bill. Any principle
of common law or customary law that is inconsistent with the Bill is
immediately abrogated.
4.
Clause 4 provides that subsequent legislation is, to the
extent that this is possible, to be construed as being subject to the
Bill.
5.
Clause 5 provides that in time of public emergency which
threatens the life of the nation and the existence of which is
officially proclaimed, measures may be taken derogating from the Bill
of Rights.