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Why not entrench the Bill?
Fully agree need to find way, consistent with the BL, of emphasising importance of Bill of Rights. Some countries use entrenchment mechanisms i.e. constitutional or legislative device which seeks to prevent or inhibit later legislature from repealing or amending legislation. Device often in form of special procedure to be followed by later legislature if it wishes to amend repeal the specified legislation (e.g. special voting arrangement).
or
But BL will lay down procedures for post 1997 legislature, so Bill of Rights cannot itself establish different procedures for SAR legislature without risking conflict with BL. Laws that conflict with the BL may not remain in
in effect (JD 53 and Article 159 of the draft BL). A better procedure is therefore entrenchment of the Covenant, through the Letters Patent before 1997 and the Basic Law thereafter.
Legislative devices for entrenchment do not
do not necessarily prevent a future legislature from repealing or amending legislation, but may often inhibit it from doing so by imposing special procedures. Main function is then to alert public and legislature to proposed amendments and to oblige legislature to give very careful consideration to amending legislation. Provisions included in the Bill of Rights will ensure that the legislature and the public would be fully aware of any attempt to amend the Bill.
How to ensure that the two International continue to apply to HK after 1997?
Covenants
The provisions of the two Covenants as applied to HK shall remain in force (JD 156). JLG tasked, under JD 178, with "action to be taken by the two Governments to ensure the continued application of international rights and obligations affecting HK."
Why are existing UK reservations retained in the White Bill?
JD and BL both refer to the continued application of the Covenant as applied to Hong Kong i.e. with existing reservations. Essential that the Bill of Rights is consistent with the BL. If it is not, the Bill will cease to have force on or after 1 July 1997. Passing a Bill of Rights now which would cease to have force upon the establishment of the SAR would have little point. The only safe
safe way to ensure that the Bill of Rights is consistent with the BL is to make its substance fully consistent with the ICCPR as applied to HK. Such a Bill will remain in force by virtue of Article 39. This means including the reservations. Failure to do this could
jeopardise the future of the Bill.
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