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Ad Hoc Group has also completed its examination
of the
draft Ordinance. A copy of the report of the Group is at
Annex D.
Basic Consideration
7.
-
On the basis of previous submissions to this Council, Members have accepted that it is essential that the Bill of Rights is consistent with the Basic Law so that it can continue to be in force after 1997. The only safe way to ensure this happens is to make its substance fully consistent with the ICCPR as applied to Hong Kong which by virtue of JD 156 and Article 39 of the Basic Law will remain in force and be implemented in the laws of the SAR; and to take care that procedural clauses within the Bill run no risk of conflicting with the Basic Law. This remains the basic consideration in the preparation of the draft Bill at Annex A.
8.
A number of DB members and submissions expressed disappointment about the lack of supreme status of the Bill over all local laws and the absence of any direct mechanism to entrench the Bill.
9.
The question of supremacy and entrenchment was thoroughly discussed by this Council in its earlier consideration of the White Bill. The Council has accepted that it is impracticable for a Hong Kong Bill of Rights to be given supreme status over all local laws and be entrenched either constitutionally or by special procedural devices, in
in view of the basic consideration set out in
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