XN000022-1990-03-31 — Page 3

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SATURDAY, MARCH 31, 1990

SELF-IMPOSED CHECKS ON THE LEGISLATURE WHICH

A

WOULD PROTECT BILL OF RIGHTS SUCH AS SPECIAL MAJORITY VOTING OR THE DELAYED ENACTMENT OF INCONSISTENT BILLS WERE LIKELY то BE CHARACTERISED AS THE KIND OF THINGS WHICH ONLY A "REPRESENTATIVE" LEGISLATURE COULD ACHIEVE.

"GOING THIS WAY MEANT THAT WB WOULD FALL FOUL OF THE ACT UNLESS WE ASKED THE UK GOVERNMENT TO AMEND THE ACT AND EXEMPT US FROM ITS APPLICATION AS FAR AS TAKING THESE STEPS TO PROTECT THE BILL OF RIGHTS WAS CONCERNED.

"THIS WAS CONSIDERED BUT REJECTED NOT BECAUSE WE DID NOT THINK THE BRITISH WOULD SLACKEN THE CONSTITUTIONAL REINS IF REQUESTED BUT BECAUSE OF THE IMPLICATIONS FOR THE HEALTH OF THE BILL OF RIGHTS UNDER THE BASIC LAW IF WE SOUGHT TO IMPOSE FORMAL CONSTRAINTS ON THE POWERS OF THE LEGISLATIVE COUNCIL OR IN FACT IF WE DID ANYTHING WHICH WAS LIKELY TO BE CONSTRUED AS SUCH, HE SAID.

ARTICLE 8 OF THE BASIC LAW SAYS THAT ANY LAW PREVIOUSLY IN FORCE SHALL BE MAINTAINED UNLESS IT IS INCONSISTENT WITH THE BASIC LAW.

"THE ULTIMATE ARBITER OF THE CONSTITUTIONAL VALIDITY OF LAWS IN FORCE IN HONG KONG AFTER 1997 WILL BE THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS UNDER THE TERMS OF ARTICLE 157 ΤΟ 159 OF THE BASIC LAW."

HE POINTED OUT THAT A BILL OF RIGHTS FOR HONG KONG WOULD HAVE TO CONFORM TO THE BASIC LAW IF IT WAS TO HAVE ANY LONG TERM PROSPECTS TO DO THIS, IT WOULD HAVE TO SURVIVE THE CONSTITUTIONAL RITES OF PASSAGE UNDER ARTICLE 8 OF THE BASIC LAW FROM MIDNIGHT ON OR AFTER JUNE 30, 1997 AND SHOULD NOT INVITE IMMEDIATE REFERRAL TO THE NATIONAL PEOPLE'S CONGRESS FOR INTERPRETATION AND POSSIBLE REVISION, EXCISE FROM THE LAWS OF HONG KONG.

REPATRIATION OF ILLEGAL IMMIGRANTS INCREASES SLIGHTLY

THE NUMBER OF ILLEGAL IMMIGRANTS REPATRIATED DAILY TO CHINA HAS INCREASED SLIGHTLY OVER THE PAST FEW MONTHS, THE ASSISTANT DIVISIONAL POLICE COMMANDER, BORDER OPERATIONS, MR STEPHEN BROWN, SAID TODAY (SATURDAY).

SPEAKING TO REPORTERS AT MAN KAM ΤΟ BORDER POST, MR BROWN POINTED OUT THAT THE STATISTICS DEPENDED MUCH ON THE WEATHER AND THE TIME OF YEAR WHEN ILLEGAL IMMIGRANTS WERE CAUGHT.

/"THERE IS ...............**