C.F. 146
CONFIDENTIAL & Z
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not, the relevant provisions will, as soon as possible and
without waiting for the expiry of the 2 years, be removed
and other laws put in their place. Without this freeze
period, there may be no effective law in certain areas
during the time it takes for successfully challenged old
However, the common law,
law to be
administrative
replaced.
practices
and procedures, and
fresh
statutory laws will be liable to challenge from the outset.
Clause 4 Attorney General's certificate
15.
Clause 4 requires that the Attorney General sign a
certificate before a proposed law is put to the Legislative
Council, indicating whether it would restrict the rights
and freedoms in the Bill of Rights. When subsidiary laws,
such as regulations, have been made and are presented to
the Legislative Council to see if they should continue in
force, the Attorney General must also sign a certificate
indicating whether they alter the rights and freedoms in
the Bill of Rights.
Clause 5 Public Emergencies
16.
The Covenant allows for measures to be taken in a
serious public emergency. Clause 5 of the draft Ordinance
If a public emergency is
includes the same measures.
officially declared, measures can be taken to restrict the
rights and freedoms in the Bill of Rights to cope with the
emergency.
However, the measures. cannot restrict the
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