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The BORO has a status no different to that of any other ordinances. Pre- existing legislation inconsistent with it is repealed to the extent of the inconsistency but this does not mean that the BORO comes in between other ordinances and the Basic Law. There is nothing in the BORO or the Letters Patent which gives the BORO any status superior to that of other ordinances. Like other ordinances it will be subject to the Basic Law. What is entrenched by the Letters Patent now and by the Basic Law after 30 June 1997 is the ICCPR not the BORO.
Review of Laws
The BORO and the laws which have been amended in the light of it are fully consistent with the Joint Declaration and the Basic Law. Restoring laws which have been found to be inconsistent with the BORO and therefore with the ICCPR would bring these laws into conflict with Article 39 of the Basic Law. This provides that the provisions of the ICCPR as applied to Hong Kong shall remain in force and that rights shall not be restricted in contravention of the Covenant.
By the same token, to leave laws untouched which were inconsistent with the BORO and therefore with the ICCPR would bring them into conflict with Article 39 of the Basic Law after 1997.
Since 1991, the Legislative Council has enacted 36 amending ordinances or orders to bring existing legislation into line with the BORO. The issues involved have been approached with realism, and good sense balancing the protection of rights and freedoms with other needs of society such as to deal with serious crime. The amendments that have been made have not undermined the Government's authority or ability to govern. There has been no breakdown of law and order. Hong Kong people exercise their rights and freedoms in a responsible manner.
The Bill of Rights Ordinance and the Courts
Pre-existing legislation inconsistent with the provisions of the BORO is repealed, not by the courts, but by the BORO itself. In enacting the BORO, the Government and the Legislature determined that the courts should have the authority to decide how the BORO should be applied in specific cases. The courts have faithfully performed their role and implemented the BORO as enacted by the Legislature.