CONFIDENTIAL
19
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62.
of the
shortening
15
members who suggested removal or of the freeze period, 13 argued that it was not
Administration or the Legislature to judge
particular a
legislative provision was in
up to the
whether
contravention
It
decide.
as
soon as
of the BOR: this should be for the courts to
was therefore more important to enact the BOR
possible so that the scene could be set early for human rights protection in Hong Kong and more case laws
could be built up in the run up to 1997.
63.
Others opposed a freeze period for entirely
They thought that given the
vast
different reasons.
implications of the BOR, the Government should not
introduce it hastily.
problems first through legislative amendment.
It should sort out the potential appropriate legislative review and One member cited the existing law
on public demonstration as an example and said that an
acceptable solution vis-a-vis the BOR must be found and implemented first; otherwise Government operations would be
affected.
64.
to be in
prudent to
The two members who suggested a longer freeze
period were of the view that given that a number of
existing pieces of legislation were known potential conflict with the BOR, it would be
allow more time to tackle the possible areas of
inconsistency So that smooth transition during a sensitive period would not be jeopardised.
Reservations
65.
4 DB
members
Ordinance
concerning reservations,
commented on Part III of the draft
objecting particularly
and
to the one on establishment of elected Executive
Legislative Councils in Hong Kong.
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