TNAG-2173-FCO40-3110-Hong-Kong-Bill-of-Rights-1990 — Page 176

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QUNFIDENTIAL

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19.

In the Southern Rhodesian Constitution (S.I.

1961/2314) which is relevant for the reasons discussed

below,

the Bill of Rights were specially entrenched provisions and required not only approval by two thirds of the members of the Legislature but also approval by a plebiscite or approval by Her Majesty on the address of the House on a motion passed by two thirds of the membership. (Chapter IX). A law so passed could be inconsistent with the Bill of Rights (section 70(1)(a)).

In this Constitution there were both

both procedural and legal safeguards mainly due to the problems arising from the attempt to transform a society where racial segregation was legally entrenched into а non-racial society.

20.

Under United Kingdom legislative authority any

form of entrenchment is possible.

Assuming the Legislative Council has the authority to amend the Bill or enact conflicting legislation (essentially the same. thing) and the matter is not left in U.K. hands (as in the case of the Falkland Islands) then methods of

entrenchment either directly under U.K. enactment or by an Ordinance enacted under such authority and which might be considered are

a)

b)

-

say

enactment of the amending or conflicting Bill by a special majority of LegCo three quarters of members present and voting or three quarters of all members and, additionally or alternatively;

enactment, whether with or without a

special majority, after or before plebiscite.

CONFIDENTIAL