TNAG-2173-FCO40-3110-Hong-Kong-Bill-of-Rights-1990 — Page 171

8.

CUNFIDENTIAL

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Supremacy over Subsequent Legislation

The Antigua and

7.

declares

Barbuda Constitution

"19. Except as otherwise expressly provided

in this constitution, no law may abrogate,

abridge or infringe or authorise the abrogation, abridgment or infringement of any of the fundamental rights and freedoms of the individual bornbefore recognized and

declared."

8.

Usually such a provision is implicit rather than explicit.

Ensuring ä similar status for our

declaration is difficult.

9.

The Hong Kong legislature has, speaking generally, "plenary powers of legislation as large, and of the same nature,

as those of Parliament itself" (see

the Privy Council decisions in R v Burah and Hodge v. R, extracts of which are given in Appendix III to Roberts Wray Commonwealth and Colonial Law). Given the English law constitutional doctrine of the sovereignty of parliament, this means that an Ordinance enacted subsequently to the Bill must ordinary prevail over it to the extent of any inconsistency whether or not the later Ordinance is expressed to derogate from the Bill.

10.

There is

one important exception to the general rule of the sovereignty of the Legislature of Hong Kong and that is that, subject to Orders in Council under section 3(1)(b) of the Hong Kong Act 1985, a Hong Kong law is void if it is repugnant to the provisions of an Act of Parliament extending to Hong Kong or any Order or Regulations under such and Act (sections 2 and 3 of

CONFIDENTIAL