XN000022-1991-06-05 — Page 11

WEDNESDAY, JUNE 5, 1991

"THE AMENDMENT IS A REFLECTION OF A SIMILAR PROVISION, NAMELY ARTICLE 39, OF THE BASIC LAW. THEREFORE, NEW LAWS ENACTED HERKAFTER CANNOT CONTRAVENF THE COVENANT.

"THAT POSITION IS ENSURED BEFORE 1997 BY THE AMENDED LETTERS PATENT. AFTER 1997 IT IS QUITE SEPARATELY ENSURED BY ARTICLE 39 OF THE BASIC LAW.

"So,

AS A MATTER OF DOMESTIC LAW THE MACHINERY WILL SOON BE IN PLACE WHEREBY THE RIGHTS IN THE COVENANT AS APPLIED TO HONG KONG WILL BE WELL ENSCONCED IN OUR SYSTEM," THE CHIEF SECRETARY SAID.

RECOMMENDATION FOR A SELECTED FREEZE OF ORDINANCES UNDER

BILL OF RIGHTS ACCEPTED

*

THE ADMINISTRATION HAS DECIDED TO ACCEPT THE

LEGCO AD HOC

GROUP'S RECOMMENDATION FOR A SELECTED FREEZE OF ORDINANCES LISTED IN A SCHEDULE UNDER THE HONG KONG BILL OF RIGHTS BILL 1990, THE CHIEF SECRETARY, THE HON SIR DAVID FORD SAID TODAY (WEDNESDAY).

SPEAKING AT THE SECOND READING DEBATE ON THE BILL, SIR DAVID SAID THE ADMINISTRATION TOOK FULL NOTE OF THE AD HOC GROUP'S UNHAPPINESS WITH THE IDEA OF A BLANKET FREEZE FOR A

YEAR, RENEWABLE FOR A FURTHER YEAR, ON ALL EXISTING LEGISLATION,

"WE

VACUUMS

HAVE NOW IDENTIFIED THOSE AREAS WHERE OPERATIONAL OF THIS KIND MIGHT BE PARTICULARLY UNFORTUNATE, AND WITH THE STRENGTH OF CONCERN EVIDENT OVER THE ISSUE, THE ADMINISTRATION HAS DECIDED TO ACCEPT THE AD HOC GROUP'S RECOMMENDATION FOR A SELECTED FREEZE OF ORDINANCES LISTED IN A SCHEDULE, SIR DAVID SAID.

SHOULD THAT

RECOMMENDATION BE ADOPTED, THE CHIEF

SECRETARY

POINTED OUT THAT THOSE ORDINANCES ALONE WOULD BE IMMUNE FROM THE OPERATION OF THE BILL OF RIGHTS FOR ONE YEAR, SUBJECT ONLY TO AN EXTENSION FOR A FURTHER YEAR IN RESPECT OF ANY OR ALL OF THE LISTED ORDINANCES, BY APPROVAL OF THE LEGISLATIVE COUNCIL.

F

WHETHER ANY PARTICULAR PROVISIONS OF OUR LAW TURN OUT ΤΟ CONFLICT WITH THE BILL IS ULTIMATELY A MATTER FOR OUR COURTS, AND INCLUSION OF AN ORDINANCE IN THE SCHEDULE, DOES NOT MEAN THAT THE ORDINANCE OR ANY PART OF IT IS IN FACT IN CONFLICT, SIR DAVID EXPLAINED.

"

HE NOTED THAT IT HAD BEEN SAID THAT THE GOVERNMENT HAD HAD LONG ENOUGH TO ENSURE THAT HONG KONG'S LAWS COMPLIED WITH THE COVENANT AND, FURTHER, THAT IT WAS NECESSARY TO ENSURE THAT THE COURTS MIGHT BEGIN AS SOON AS POSSIBLE TO DEVELOP THEIR BILL OF RIGHTS JURISPRUDENCE.

"WE HAVE INDEED BEEN LONG AWARE OF OBLIGATIONS AND THEY HAVE NOT BEEN IGNORED.

OUR INTERNATIONAL

/"THE PLAIN