TNAG-2173-FCO40-3110-Hong-Kong-Bill-of-Rights-1990 — Page 131

CONFIDENTIAL

4.

AFTER 1997, THE COVENANT WILL BE ENTRENCHED IN

SIMILAR FASHION BY VIRTUE OF ARTICLE 39 OF THE BASIC LAW.

5.

THE BILL OF RIGHTS, AS REFLECTION OF THE

PROVISIONS OF THE COVENANT, WILL BE THE BENCH-MARK BY WHICH

ALL LAWS ENACTED IN HONG KONG WILL BE TESTED BY THE COURTS.

6.

ALL LAWS ENACTED IN HONG KONG WILL HAVE TO BE

CONSISTENT WITH THE BILL OF RIGHTS. IT WILL NOT BE POSSIBLE

TO AMEND THE BILL OF RIGHTS IN ANY WAY WHICH WOULD MAKE IT

INCONSISTENT WITH THE ICCPR.

[DEFENSIVE ONLY

7.

THE BILL OF RIGHTS WILL NOT ITSELF BE ENTRENCHED.

IT WOULD THEREFORE BE POSSIBLE FOR A FUTURE LEGISLATURE TO

REPEAL THE BILL OF RIGHTS, EITHER PARTIALLY OR IN ITS

ENTIRETY.

8.

NOTWITHSTANDING THIS, THE FUTURE HKSAR GOVERNMENT

WOULD STILL BE BOUND TO COMPLY WITH THE PROVISIONS IN THE

ICCPR BY VIRTUE OF ARTICLE 39 OF THE BASIC LAW. THUS ALL

HKSAR LEGISLATION WOULD STILL HAVE TO CONFORM WITH THE

ICCPR.]

CONFIDENTIAL