WEDNESDAY, JUNE 5, 1991*
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SIR DAVID POINTED OUT THAT THE ADMINISTRATION HAD A NUMBER OF KEY OBJECTIVES REGARDING THE BILL:
*
*
то
FIRST, TO ENSURE THAT THE BILL OF RIGHTS REFLECTED THE PROVISIONS OF THE INTERNATIONAL COVENANT AS APPLIED TO HONG KONG;
SECONDLY, TO ENSURE THAT THE BILL OF RIGHTS WOULD BE A PRACTICAL AND EFFECTIVE LAW;
THIRDLY, TO ENSURE THAT LEGITIMATE CONCERNS WERE FULLY TAKEN INTO ACCOUNT;
FOURTHLY, TO ENSURE THAT THE BILL OF RIGHTS WAS IN FULL COMPLIANCE WITH THE JOINT DECLARATION;
FINALLY, TO MEET APPARENT CONCERNS ABOUT THE STATUS OF THE BILL OF RIGHTS, PARTICULARLY AS REGARDS THE BASIC LAW.
SATISFY THE LAST OBJECTIVE, SIR DAVID SAID THE GOVERNMENT HAD MADE SURE THAT THE BILL HAD, AS A MATTER OF LAW, A STATUS THE SAME AS OTHER ORDINANCES, AND THE GOVERNMENT INTRODUCED CERTAIN AMFNDMENTS AT THE COMMITTEE STAGE TO MAKE THAT CLEAR.
"WE HAVE ENSURED THAT THE SUBSTANCE OF THE BILL IS FULLY CONSISTENT WITH THE ICCPR AS APPLIED TO HONG KONG.
"THAT IS PARTICULARLY IMPORTANT, FOR BOTH THE JOINT DECLARATION AND THE BASIC LAW MAKE SPECIFIC REFERENCE TO THAT COVENANT, REQUIRING ITS CONTINUED APPLICATION BEYOND 1997. AND WE HAVE TRIED TO ENSURE THAT THERE ARE NO PROCEDURAL CLAUSES WHICH RUN THE RISK OF CONFLICT WITH THE BASIC LAN," HE SAID.
IT WAS EQUALLY IMPORTANT TO APPRECIATE THE MANNER IN WHICH THE BILL FITTED INTO A WIDER MOSAIC WHICH WOULD SERVE TO PROVIDE AN EFFECTIVE SAFEGUARD FOR CIVIL RIGHTS, THE CHIEF SECRETARY SAID.
LAWS.
"THE SCHENE OF SAFEGUARDS OPERATES IN THREE PHASES.
"THE BILL
OF RIGHTS ITSELF WILL HAVE AN IMPACT ON EXISTING EXISTING LAWS WHICH ARE INCONSISTENT WITH THE BILL OF RIGHTS WILL BE AMENDED OR REPEALED BY IT ΤΟ THE EXTENT OF ANY SUCH INCONSISTENCY.
"THIS
IS A NORMAL RULE OF INTERPRETATION AS TO THE EFFECT OF ON EARLIER LAWS. THIS RULE IS MADE CLEAR BY CLAUSE 3(2) OF THE BILL," SIR DAVID SAID.
LAWS
AS TO THE FUTURE, THE CHIEF SECRETARY SAID HE ANNOUNCED IN JULY 1990 THAT HER MAJESTY'S GOVERNMENT INTENDED TO AMEND THE LETTERS PATENT TO PROVIDE THAT NO LAW SHOULD BE MADE AFTER SUCH AMENDMENT THAT RESTRICTS THE RIGHTS AND FREEDOMS ENJOYED IN HONG KONG IN A MANNER WHICH WAS INCONSISTENT WITH THE INTERNATIONAL COVENANT AS APPLIED ΤΟ HONG KONG.
ז'
CAN NOW TELL MEMBERS THAT HER MAJESTY'S PRIVY COUNCIL HAS APPROVED) SUCH AN AMENDMENT. THAT AMENDMENT WILL COME INTO OPERATION AT THE SAME TIME AS THIS BILL OF RIGHTS.
/"THE AMENDMENT
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