TNAG-2175-FCO40-3112-Hong-Kong-Bill-of-Rights-1990 — Page 28

2.

legislatur power and, lahen with the obligation in the

h

first sentence of the draft, that all laws are to bo

tested by the ICCPR.

J

少

This possibility would be awided

the words " after the coming into operation of Hong trong letters Patent (ha 2) 1990

".

"madr.

17

Ite

wer inserted after

(1) the New Teritories issur has to be faced.

Under the BL there is an issuer wetter Art. 40

is consistent with, or a permitted exception to, Ant 39; and the counts would hair jurisdiction to determine that issue. That issue will not arise on the Letters Patent breauss

there is no

Equivilent to Art. 40. 1 brheir that the

HKG must take

up a parition

on

the issue and it

is not k br excheded that, for the timis bring at

a

holding exercise

mention in the BOR itself. If

least, they may

br forced

into

which requires.

this does happen, that such legislatar provision

as may

br madr t

would ur not want k ensur

J