But here
arbeast I
issue.
requirement that Hong Kong laws not contravene the Basic
Law. See Basic Law, Article 160.
3.
REPEALING OR AMENDING CONFLICTING EXISTING LEGISLA- TION
Both the Hong Kong Government and commentators have pinpointed laws that may prove incompatible with provisions of the two Covenants in areas dealing with powers of law enforcement agencies, freedom of speech, press, and association, health and welfare, and immigra- tion. The Draft Bill of Rights, however, suspends for two years the provision of the Bill of Rights which al- lows the repeal of previously enacted conflicting legis- lation.
The Commentary on the Draft Bill of Rights avers that this freeze period is needed to "allow some time for Hong Kong laws to be checked to make sure that they comply with the Bill of Rights" and to prevent the absence of "effective law in certain areas during the time it took for successfully challenged old law to be replaced". Commentary on the Draft Hong Kong Bill of Rights Ordinance 1990 (Government Printer, Hong Kong, March 1990) ("Commentary"), Section 14. This so-called "freeze period" is inconsistent with the aims the Draft purports to advance and should be nullified or limited as
proposed below.
6