WEDNESDAY, NOVEMBER 8, 1989
"PARTICULAR CARE IS BEING TAKEN TO ENSURE THAT THE BILL OF RIGHTS HAS SUPERIOR LEGAL STATUS WITHIN HONG KONG LAW." HE SAID.
THE SIR DAVID NOTED THAT MUCH OF THE DEBATE WITHIN AND OUTSIDE
SO-CALLED LEGISLATIVE COUNCIL HAD CONCENTRATED ON THE
FREEZE PERIOD DURING WHICH EXISTING LEGISLATION WOULD BE IMMUNE
CHALLENGE IN
THE COURTS.
FROM
THOSE WHO HE NOTED THAT THERE WERE
HOPED THAT THIS PERIOD
CONCEPT ITSELF. WOULD BE SHORT. OTHERS QUESTIONED THE WISDOM OF THE
URGED OTHERS
THAT THE REVIEW OF LEGISLATION SHOULD NOT AWAIT ENACTMENT OF THE BILL.
"ONCE WE HAVE THE NEW BILL IN PLACE, INDIVIDUALS WILL BE ABLE TO CHALLENGE THE EXISTING LEGISLATION IF THEY BELIEVE IT CONTRAVENES
то ABLE THE BILL OF RIGHTS; THE COURTS WILL IN TURN BE
STRIKE DOWN EXISTING LAWS WHICH BREACH BASIC RIGHTS AND FREEDOMS. SIR DAVID EXPLAINED.
PLACE.
"BUT THEY WILL NOT BE ABLE TO ENACT NEW LAWS TO TAKE THEIR
"THE SITUATION COULD THEREFORE ARISE WHERE THERE WOULD BE AN OPERATIONAL VACUUM BEFORE A LAW WHICH HAD BEEN ADJUDGED INCOMPATIBLE WITH THE BILL OF RIGHTS COULD BE REPLACED BY AN AMENDED ONE WHICH WAS COMPATIBLE." HE SAID.
FOR
THE CHIEF SECRETARY ALSO POINTED OUT THAT THE TIMETABLE ENACTMENT OF THE BILL WAS UNUSUALLY SHORT. AND IT WOULD NOT BE POSSIBLE TO REVIEW ALL EXISTING LEGISLATION BEFORE IT WAS ENACTED.
"HENCE THE NEED FOR A GRACE PERIOD AFTER PASSAGE OF THE BILL TO ALLOW US TO IDENTIFY REAL AREAS OF DOUBT REGARDING COMPATIBILITY." HE SAID.
HOWEVER, SIR DAVID POINTED OUT THIS WAS NOT то SAY THAT THE REVIEW WOULD ONLY BEGIN AFTER PASSAGE OF THE BILL.
"WORK HAS ALREADY BEGUN. INDEED. WE HAVE ALREADY IDENTIFIED SOME AREAS WHERE EXISTING HONG KONG LAWS EVEN THOSE WHICH REFLECT DEEPLY HELD VIEWS MAY NEED AMENDMENT IF THEY ARE ΤΟ BC DROUGHT FULLY INTO LINE WITH THE BILL. OUR LAWS GOVERNING HOMOSEXUAL BEHAVIOUR FALL WITHIN THIS CATEGORY. SIR DAVID SAID.
—
"
HAD
NOTING THAT THERE HAD BEEN REPORTS THAT THE ADMINISTRATION
DAVID DECIDED ON A FIVE-YEAR FREEZE PERIOD, SIR
SAID THAT WAS NOT TRUE. AND WHILST NO COMPLETION DATE HAD BEEN FIXED. THE ADMINISTRATION WAS VERY CONSCIOUS OF THE NEED TO KEEP
то THAT WHICH WAS STRICTLY NECESSARY FOR THE PURPOSE OF THE EXERCISE.
THE
PERIOD
15