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repeal.
Westminster and colonial representative legislatures can, however; enact "manner and form" requirements prescribing a special procedure for the adoption of particular kinds of laws. Unless that special procedure is followed
It is
in its enactment, a colonial law will not be given legal effect. The Colonial Laws Validity Act, 1865, however, denies colonial legislatures which are not "representative" the power to adopt manner and form requirements. By the definition in that Act, to be "representative" a legislature must have at least half its members elected, thus excluding LegCo as presently constituted. our view, however, that this difficulty could be overcome : either (for greatest certainty) by a new U.K. Order in Council under the Hong Kong Act 1985 or by the exercise by LegCo of powers already given to it by the Hong Kong (Legislative Powers) Order 1989 to enact laws. "to give effect to an international agreement which applies to Hong Kong, and for connected purposes While entrenchment of a Bill of Rights implementing the ICCPR may not be absolutely necessary to give effect to the ICCPR, it is certainly connected to the purpose of making those rights as effective as possible.
8.
Assuming then that LegCo could enact a manner and form requirement, possible procedures were considered which would reassure the public that amendments would not be too hastily or too easily adopted.
9.
The simplest device would probably have been a requirement of a two-thirds majority to amend the Bill of Rights. But Article 74 of the draft Basic Law appears to mean that, except when otherwise provided in the Basic Law, a simple majority vote will suffice to pass any bill. As the Basic Law does specify certain situations for special majorities it implicitly precludes
other such situations.
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AALMALING IRONY AA
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