TNAG-2173-FCO40-3110-Hong-Kong-Bill-of-Rights-1990 — Page 152

CONFIDENTIAL

h the autumn), though from a legal point of view it does not

matter which comes into effect first.

7. Our Legal Advisers have suggested that if some procedure for

examining the compatibility between the Bill of Rights and future

legislation prior to enactment is still considered desirable, one

possibility would be to formulate a Standing Order of the

legislature requiring a prior resolution of the legislature before

the second reading if a specified number of members raised the issue

of conflict on any Bill. (This would be similar to existing special

procedures in respect of financial bills). Such a procedure need

not be included in the Bill of Rights itself since LegCo has the

power to change its own rules of procedure. This idea might be

worth pursuing in due course, provided it is not likely to be

construed as fettering the powers of the future legislature.

8.

This minute has been cleared with the Legal Advisers.

ARPanc

A R Paul

CONFIDENTIAL