TNAG-2175-FCO40-3112-Hong-Kong-Bill-of-Rights-1990 — Page 97

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

CONFIDENTIAL #

a

one-year freeze

with respect to specified provisions in specified pieces of legislation set out in a schedule. À law lecturer from an overseas university suggests that the court be given some "admonitory" functions.

National security: Clause 2(1)

14.

6

submissions

express concern

about

the

implications

of the term and ask for clarification.

Justice, the Hong Kong General Chamber of Commerce and the Council of Social Service suggest that national security

should mean the security of Hong Kong.

Interpretation : Clause 2(3)

15

disregard

A barrister

Ordinances.

the rules

A law

argues against the proposal to of interpretation applicable to other lecturer from an overseas university

suggests construction on the basis of Section 3 (2) of the UK European Communities Act 1972.

Interpretation of subsequent legislation : Clause 4(1)

16.

for

All 16

submissions on this clause stress the need

the BOR to have overriding effect on subsequent

legislation. 5 of them suggest that the Letters Patent

should specify the supreme status of the BOR.

CONFIDENTIAL

機密

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