TNAG-2176-FCO40-3113-Hong-Kong-Bill-of-Rights-1990 — Page 140

Explanatory Memorandum

The purpose of this Bill is to implement further the

International Covenant on Civil and Political Rights ("ICCPR") as

applied to Hong Kong by

(a)

(b)

2.

making the rights recognized in the ICCPR part of the

domestic law, to be known as the Hong Kong Bill of Rights;

and

providing remedies in respect of a violation of any of

those rights.

Clause 2 is an interpretation provision. Amongst other

things, it provides that, in interpreting and applying the Ordinance,

regard shall be had to the fact that its purpose is to implement

further the ICCPR.

3.

Clause 3 provides that pre-existing legislation shall, if

possible, be construed consistently with the Bill. Any legislation

that cannot be so construed is, to the extent of the inconsistency,

repealed. These provisions come into operation 1 year after the

commencement of the Ordinance resulting from the Bill.

L.

Clause 4 provides that subsequent legislation is, to the

extent that this is possible, to be construed as being subject to the

Bill.

5. Clause 5 provides that in time of public emergency which

threatens the life of the nation and the existence of which is

officially proclaimed, measures may be taken derogating from the Bill

of Rights.

6. Clause 6 is concerned with the remedies in respect of a

violation or threatened violation of the Bill of Rights. Clause 6(1)

provides that any court or tribunal may, in proceedings within its