TNAG-2175-FCO40-3112-Hong-Kong-Bill-of-Rights-1990 — Page 88

- 15

-

proposal of incorporating Chapter 3 of the Basic Law into the Letters Patent in order to give the Bill added protection but has reservation. In accordance with the recommendation the OMELCO comments on the Basic Law (Draft), the Group recommends that China should be persuaded to allow a Bill of Rights to enjoy a status superior to other Ordinances to implement Article 39 of the Basic Law.

(c) Noting that Clause 4 of the Bill requires subsequent

enactments to be construed as being subject to the Bill to the extent that the construction of the subsequent enactment so admits, and noting also that the Administration proposes as an administrative measure that all subsequent bills shall contain a clause making them subject to the Bill of Rights, the Group considers that, under the circumstances, the "special status" so proposed is acceptable.

(d) The Group urges the Administration to give careful

thought to how such provisions dealing with the aforementioned matters as maintenance of law and order and control of immigration may be amended so that they are both consistent with the Bill of Rights and effective in protecting the community.

(e) The Group recommends that the Administration and the

ICAC should examine how many provisions in the ICAC and Prevention of Bribery Ordinances are likely to be inconsistent with the Bill of Rights and to devise provisions to replace them which are both consistent with the Bill and effective in enabling the ICAC to investigate successfully allegations of corruption.

(f) The Ad Hoc Group recommends that there should be a

selective freeze for one year achieved by listing in a schedule ordinances likely to be affected by the Bill of Rights. The freeze period can be extended, upon the approval of the Legislative Council, for another year. If a schedule is adopted, the Administration will have to indicate clearly the specific relevant clauses/sections of certain ordinances which need to be frozen and therefore put on to the schedule. The inclusion should be governed by certain criteria defined and justified by the Administration.

(g) The Ad Hoc Group endorses the principle that equality

between the sexes should be upheld. Therefore the Group cannot accept the Heung Yee Kuk's proposal of making special provision in the Bill for its rights which are clearly in contravention to Articles 1 & 23 to be preserved. The Group recommends that the Administration should conduct a detailed study of the alleged conflict and, if the conclusion is that the