CONFIDENTIAL
7
機密
15.
We consider that the concerns of the LegCo Ad Hoc Group and the public should be accommodated as far as possible.
However it is impracticable to work out a detailed schedule for a selective freeze at the outset under the current legislative timetable. Indeed, the need for time to identify ordinances likely to be affected by the BOR was the reason for the proposed freeze, and it is noteworthy that the Group's own research revealed that "there is a large body of existing legislation that would probably need amendment for it to be consistent with the Bill of Rights and that time would be needed for workable amendments to be drafted and enacted." We propose that there should be a blanket freeze on existing legislation for the first year after the enactment of the Bill, to be followed by a selective freeze for another year. The selective freeze should apply to all provisions referred to in the schedule to the Ordinance. The appropriate references should be added during the year following enactment of the Ordinance by a resolution of the Legislative Council. Neither the Bill nor the Schedule will state or imply that the Government has already decided that any of the items of legislation listed in the Schedule are incompatible with the ICCPR as applied to HK, or with the Bill in so far as it implements the ICCPR. To avoid any doubt, we also recommend that the Bill should make it clear that the freeze will also cover acts done under existing statutory powers including the exercise of discretionary powers.
16.
Clauses 1(2) and 14 of the Bill at
at Annex A give effect to these proposals.
CONFIDENTIAL
機密
7