TNAG-2173-FCO40-3110-Hong-Kong-Bill-of-Rights-1990 — Page 190

27.

WNMDENTIAL

7 -

14.

I therefore believe that a manner and form entrenchment provision for the Bill of Rights is legally sustainable. It must also be observed that, given the

constraints mentioned earlier, there seem to be no good

alternatives.

15.

The remaining question is, would such an entrenchment provision survive 1997? By articles 8 and 159 of the BL any such ordinance would continue as law of Hong Kong unless inconsistent with the Basic Law. Articles 72(1) and 74 of the BL also contemplate LegCo adopting its own rules of procedure as long as not inconsistent with the BL. It is difficult to see any inconsistency between such a procedure and the present draft of the BL, but it will be open to the Standing Committee of

This the NPC to declare any existing law inconsistent. would be a political decision which cannot, in any event, be precluded by legal means. At best one can say that such a decision would be very vulnerable to attack as

a violation of the spirit of articles 8 and 159 and

as a direct menace to human rights internationally guaranteed by the ICCPR and, indirectly, by the JD.

c.c.

ASG(2)

(B.L. Strayer) Consultant

6 November 1989

CONFIDENTIAL