CONFIDENTIAL
機密
Amendment
agreed
enacted after the
by ExCo reads "All legislation
commencement date shall, to
to the
extent that it admits such a construction, be
construed So as to be consistent with this
Ordinance". If, however, the Chinese side still find
any reference to the BOR in this context objectionable, then that reference to the BOR can be replaced by a reference to the ICCPR as applied to Hong Kong.
Q.4
A.4
drastic
changes to the
Kong, thereby
Will the BOR not result in
laws currently in force in Hong contravening JD10 which requires that the laws
currently in force in Hong Kong should remain basically unchanged?
Review is proceeding on how many laws might require amendment. Must point out that if any amendments are found to be necessary, this will not be a result of the BOR, but of a conflict with the provisions of the ICCPR itself. Article 39 of the BL itself would
require any such laws to be amended if they are to remain in force after 1997 under Article 8 of the BL.
Q.5
What is the progress in reviewing existing legislation? Any time-table? Will the Chinese side
be consulted?
A.5
Review is proceeding. Our aim of course is to deal with, as soon as possible, provisions where there is
certainty of conflict with the BOR and the
consequences of a successful challenge in the courts
a
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CONFIDENTIAL
機密