TNAG-2173-FCO40-3110-Hong-Kong-Bill-of-Rights-1990 — Page 1

CONFIDENTIAL

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10.

Article 74 also provides, however, that "The rules of procedure of the Legislative Council shall be established by the Council on its own" as long as

they are not inconsistent with the Basic Law. Further,

Article 72(1) gives the Council a general power to enact

laws "in accordance with the provisions of this Law and legal procedures". (The "legal procedures" referred

to must be Hong Kong procedures.) The Basic Law is in fact silent with respect to most aspects of legislative procedure, including the number and timing of readings

of bills.

There is thus no apparent legal reason why

a procedural rule adopted by LegCo in 1990 should not be continued as part of the existing legislation of Hong Kong after 1997 pursuant to Article 8 of the Basic

Law.

11.

Therefore the proposals included in the present

draft Bill of Rights require in effect that to amend the Bill there should be six readings, and in between the third and fourth readings there would have to be an election. This would ensure that the amendment would

be the subject of extensive public debate. Further, there would have to be a lapse of a year between the first and last reading. This last feature was drawn

from the Parliament Acts of 1911 and 1943 in respect of the required two passages in the House of Commons to overcome a House of Lords veto. It is designed to prevent hasty action in response to some sudden pressure to act in derogation of human rights. While such delays for an amendment might be an innovation for Hong Kong, they are familiar in countries with written constitutions where constitutional amendments are thought necessary.

Alternative Entrenching Devices for inclusion in the

Bill

12.

There are other devices which could be used