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OF INTERESTS AND POLITICAL VIEWPOINTS, BUT IT IS USUALLY POSSIBLE TO REACH CONSENSUS ON THE IMPORTANT ISSUES OF THE DAY AND TO MOVE FORWARD TOWARDS THE ACCEPTANCE OF SENSIBLE AND PRAGMATIC SOLUTIONS. BUILDING ON THE FIRM FOUNDATION OF THE PRESENT SYSTEM, WHICH IS WELL UNDERSTOOD BY ALL, WILL HELP TO ENSURE CONTINUITY
AND STABILITY IN THE TRANSITIONAL YEARS.
AS TO THE FUTURE COMPOSITION OF THE LEGISLATURE, WE HAVE ALREADY ACKNOWLEDGED THAT THERE IS NOW A WIDELY HELD VIEW IN HONG KONG THAT THERE SHOULD BE A SOMEWHAT FASTER PACE OF DEVELOPMENT THAN WAS ENVISAGED IN THE 1988 WHITE PAPER, AND WE HAVE SAID THAT THIS VIEW WILL BE TAKEN INTO ACCOUNT IN REACHING OUR FINAL DECISION ON THE MAKE UP OF THE 1991 LEGISLATURE. MANY MEMBERS
HAVE SPOKEN IN FAVOUR OF THE EARLY ACCEPTANCE BY THE ADMINISTRATION OF THE OMELCO PROPOSAL ON THE COMPOSITION OF THE LEGISLATIVE
COUNCIL IN 1991. THIS PROPOSAL HAS ATTRACTED SUPPORT FROM MOST
DISTRICT BOARDS AND FROM THE WIDER COMMUNITY. A DECISION ON THE
1991 LEGISLATURE WILL BE TAKEN IN SUFFICIENT TIME FOR THE
ENACTMENT OF ELECTORAL LEGISLATION AND FOR OTHER PREPARATORY WORK.
THE BILL OF RIGHTS
ANOTHER SIGN OF OUR GROWING POLITICAL MATURITY IS THE KEEN INTEREST SHOWN BY MEMBERS IN THE PROPOSED BILL OF RIGHTS.
THIS IS HOW IT SHOULD BE WITH A PIECE OF LEGISLATION OF SUCH IMPORTANCE TO THE COMMUNITY.
MUCH OF THE DEBATE WITHIN AND OUTSIDE THIS COUNCIL HAS CONCENTRATED ON THE SO-CALLED FREEZE PERIOD. THIS IS THE PERIOD DURING WHICH EXISTING LEGISLATION WILL BE IMMUNE FROM CHALLENGE IN THE COURTS. THERE ARE THOSE WHOLE HOPE THAT THIS PERIOD WILL BE SHORT. OTHERS QUESTION THE WISDOM OF THE CONCEPT ITSELF. OTHERS URGE THAT THE REVIEW OF LEGISLATION SHOULD NOT AWAIT ENACTMENT OF THE BILL. I WELCOME THIS OPPORTUNITY TO EXPLAIN OUR THINKING.
ONCE WE HAVE THE NEW BILL IN PLACE, INDIVIDUALS WILL BE ABLE TO CHALLENGE THE EXISTING LEGISLATION IF THEY BELIEVE IT CONTRAVENES THE BILL OF RIGHTS: THE COURTS WILL IN TURN BE ABLE TO STRIKE DOWN EXISTING LAWS WHICH BREACH BASIC RIGHTS AND FREEDOMS. BUT THEY WILL NOT BE ABLE TO ENACT NEW LAWS TO TAKE THEIR PLACE. THE SITUATION COULD THEREFORE ARISE WHERE THERE WOULD BE AN OPERATIONAL VACUUM BEFORE A LAW WHICH HAD BEEN
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