XN000022-1990-07-25 — Page 4

WEDNESDAY, JULY 25, 1990

2

TOOK

THE CHIEF SECRETARY TOLD MEMBERS THAT THE ADMINISTRATION THE VIEW THAT IT WAS ESSENTIAL THAT THE BILL OF RIGHTS WAS CONSISTENT IN FORCE AFTER WITH THE BASIC LAW SO THAT IT COULD CONTINUE TO BE 1997.

BILL "THIS CAN BEST BE ACHIEVED BY MAKING THE SUBSTANCE OF THE

WHICH BY CONSISTENT WITH THE ICCPR AS APPLIED TO HONG KONG FULLY VIRTUE OF THE JOINT DECLARATION AND ARTICLE 39 OF THE BASIC LAW WILL REMAIN IN FORCE AND BE IMPLEMENTED IN THE LAWS OF THE SAR; AND TO TAKE OF NO THE WITHIN CLAUSES CARE THAT PROCEDURAL CONFLICTING WITH THE BASIC LAW," HE SAID.

"THIS

REMAINS

THE

BASIC

DELIBERATIONS," SIR DAVID STRESSED.

BILL

CONSIDERATION

RUN

RISK

THROUGHOUT

OUR

"INDEED, THE ADMINISTRATION IS QUITE CLEAR THAT THE BILL BEFORE THE MEMBERS TODAY IS FULLY CONSISTENT WITH THE JOINT DECLARATION AND BASIC LAW.

HAVE SOMB CHINESE

"WE HAVE BEEN AWARE THAT THE CHINESE AUTHORITIES CONCERN ABOUT THE BILL AND WE HAVE HAD MANY CONTACTS WITH THE SIDE THROUGH A NUMBER OF CHANNELS, INCLUDING DISCUSSIONS IN THE JOINT LIAISON GROUP AND ON INFORMAL OCCASIONS," SIR DAVID SAID.

"BOTH THE WHITE BILL AND THE BILL NOW BEFORE MEMBERS HAVE GIVEN TO THE CHINESE SIDE AND EXPLAINED TO THEM," HE ADDED.

ON

BEEN

OF

THE PROPOSED FREEZE PERIOD, SIR DAVID SAID THE MAJORITY WRITTEN SUBMISSIONS AND DISTRICT BOARD MEMBERS WHO EXPRESSED A VIEW ON THE ISSUE WERE OPPOSED TO A TWO-YEAR FREEZE PERIOD.

ALL.

SOME HAD SUGGESTED THAT THERE SHOULD BE NO FREEZE

THE

PERIOD AT

LEGCO AD HOC GROUP HAD RECOMMENDED THAT THERE SHOULD BE A SCHEDULE THE SELECTIVE FREEZE FOR ONE YEAR ACHIEVED BY LISTING IN A

THE ORDINANCES LIKELY TO BE AFFECTED BY THE BILL OF RIGHTS, AND THAT FREEZE COULD BE EXTENDED, UPON THE APPROVAL OF THE LEGISLATIVE COUNCIL FOR ANOTHER YEAR.

"THE FREEZE IS NECESSARY TO AVOID THE DESTABILISING EFFECTS LEGISLATIVE AND OPERATIONAL VACUUMS WHICH MAY OCCUR IF STATUTORY

THERE REASONS, ARE FOUND TO BE INVALID AND, IF FOR PRACTICAL SUBSTANTIAL DELAYS BEFORE THEY CAN BE REPLACED,

H SIR DAVID SAID.

OF LAWS

ARB

OUT A THE CHIEF SECRETARY SAID IT WAS IMPRACTICABLE TO WORK

THOUGH THE FOR A SELECTIVE FREEZE AT THE OUTSET, DETAILED SCHEDULE

AND GOVERNMENT CONSIDERED THAT THE CONCERNS OF THE LEGCO AD HOC GROUP THE PUBLIC SHOULD BE ACCOMMODATED AS FAR AS POSSIBLE.

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"INDEED, THE PURPOSE OF THE PROPOSED FREEZE WAS TO ENABLE US TO AND то TAKE IDENTIFY ORDINANCES LIKELY TO BE AFFECTED BY THE BILL REMEDIAL ACTION.

"WE PROPOSE

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