TNAG-2173-FCO40-3110-Hong-Kong-Bill-of-Rights-1990 — Page 25

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Explanatory Memorandum

The purpose of this Bill is to implement further the

International Covenant on Civil and Political Rights ("ICCPR") as

applied to Hong Kong by -

(a) making the rights recognized in the ICCPR part of the

domestic law, to be known as the Hong Kong Bill of Rights;

(b)

2.

and

providing remedies in respect of a violation of any of

those rights.

Clause 2 is an interpretation provision. Amongst other

things, it provides that, in interpreting and applying the Ordinance,

regard shall be had to the fact that its purpose is to implement

further the ICCPR.

3. Clause 3 provides that existing enactments shall, if

possible, be construed consistently with the Bill.

Those enactments

that cannot be so construed are, to the extent of the inconsistency,

repealed. These provisions come into operation 2 years after the

commencement of the Ordinance resulting from the Bill. Other

existing laws that are inconsistent with the Bill are immediately

abrogated.

4.

Clause 4 provides that subsequent enactments are, to the

extent that this is possible, to be construed as being subject to the

Bill.

5. Clause 5 provides for future legislation to be accompanied

by a certificate signed by the Attorney General, stating whether in

his opinion it amends or is inconsistent with the Ordinance resulting

from this Bill.

6.

Clause 6 provides that in time of public emergency which