TNAG-2175-FCO40-3112-Hong-Kong-Bill-of-Rights-1990 — Page 268

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proposed amendment when the Bill is published. We should

still, however, make our intention to amend the Letters

Patent known SO as to allay fears over the lack

entrenchment of the BOR.

of

Practice of Subordinating all Future Legislation to BOR

76.

This Council decided on 6 March 1990 that there

should be a practice that all future ordinances should contain a clause which expressly made them subordinate to

the BOR. This was a form of political entrenchment of the BOR which would endure for as long as the legislature was prepared to enact ordinances which contained this clause. It would supplement the constitutional safeguard provided

by the amended Letters Patent.

77.

We are aware now of a drawback

a drawback to this proposed

practice. It is intended that the courts should have the opportunity to interpret the amended Letters Patent in a way which might influence the interpretation of Article 39

of the Basic Law after 1997. However the proposed practice will prevent that from happening because the issue of whether legislation is compatible with the amended Letters Patent will not arise if an ordinance contains an express

subordination clause. On balance we recommend that

should not pursue such a practice.

we

LEGISLATIVE TIMETABLE

78.

Subject to Members' approval of the introduction of this bill into the Legislative Council, the legislative

timetable will be :

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