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14.
The LegCo Ad Hoc Group has therefore recommended that "there should be a selective freeze for one year achieved by listing in a schedule ordinances likely to be affected by the Bill of Rights. The freeze period can be extended, upon the approval of the Legislative Council for another year. If a schedule is adopted, the Administration will have to indicate clearly the specific relevant clauses/sections of certain ordinances which need to be frozen and therefore put on to the schedule. The inclusion should be governed by certain criteria defined and justified."
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 identification of Ordinances likely to be affected by the Bill of Rights was the very point of 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
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
The selective freeze will take the form of a schedule attached to the Ordinance to be adopted and, if necessary, extended by a resolution of the Legislative Council. 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.
year.
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