CONFIDENTIAL
16' '1 MDHAN 5524
INTO OPERATION. UNDER THE EXPRESS TERMS OF THE HONG KONG LETTERS PATENT (NO 2) 1990, THE AMENDMENT WILL NOT COME INTO OPERATION UNTIL IT IS GAZETTED IN HONG KONG, WHICH WILL BE AFTER THE BILL OF RIGHTS IS MADE.
3. THE NET EFFECT WILL BE THAT :
(A) THE BILL OF RIGHTS WILL, AT THE END OF THE FREEZE PERIOD, REPEAL INCONSISTENT LEGISLATION ENACTED BEFORE THE COMMENCEMENT DATE OF THE BILL OF RIGHTS: AND
(8) THE LETTERS PATENT WILL PREVENT LEGISLATION FROM BEING VALIDLY ENACTED ON OR AFTER THE COMMENCEMENT DATE OF THE BILL OF RIGHTS IF THE LEGISLATION RESTRICTS THE RIGHTS AND FREEDOMS ENJOYED IN HONG KONG IN A MANNER WHICH IS INCONSISTENT WITH THE ICCPR AS APPLIED TO HONG KONG.
4. IN ORDER TO ACHIEVE THE RESULT SET OUT IN PARAGRAPH 3 ABOVE, THE AMENDMENT TO THE LETTERS PATENT MUST COME INTO OPERATION AT PRECISELY THE SAME TIME AS THE BILL OF RIGHTS COMES INTO OPERATION. IT IS PLANNED TO AMEND CLAUSE 1 OF THE BILL OF
RIGHTS
SO THAT IT WILL COME INTO OPERATION ON A DATE TO BE APPOINTED. BY VIRTUE OF SECTION 20 OF THE INTERPRETATION AND GENERAL CLAUSES ORDINANCE (CAP 1) THE BILL OF RIGHTS WILL THEN COME INTO
OPERATION
APPOINTED
ON THE EXPIRATION OF THE DAY NEXT PRECEDING' 1 THE DAY.
5. IN ORDER TO SYNCHRONISE THE TWO COMMENCEMENTS, IT IS SUGGESTED THAT THE AMENDMENT TO THE LETTERS PATENT SHOULD EXPRESSLY STATE THAT THE AMENDMENT SHALL BE PUBLISHED IN THE HONG KONG GAZETTE AND SHALL COME INTO OPERATION AT A SPECIFIED TIME. THAT TIME SHOULD EITHER BE
(A) THE EXPIRATION OF THE DATE OF PUBLICATION: OR
(B) THE EXPIRATION OF THE DAY NEXT PRECEDING THE DATE OF PUBLICATION.
IF DATE (A) IS CHOSEN, THE AMENDMENT WOULD BE GAZETTED THE DAY BEFORE THE DAY APPOINTED FOR THE COMMENCEMENT OF THE BILL OF RIGHTS. IF DATE (B) IS CHOSEN, THE AMENDMENT WOULD BE GAZETTED ON THE APPOINTED DAY. AS A MATTER OF LEGAL POLICY, DATE (A) IS PREFERABLE SINCE PUBLICATION WOULD PRECEDE THE CHANGE IN THE LAW.
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CONFIDENTIAL