TNAG-2176-FCO40-3113-Hong-Kong-Bill-of-Rights-1990 — Page 199

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2. PROTECTING THE BILL OF RIGHTS FROM SUBSEQUENT

INFRINGEMENT

To prevent abrogation or infringement of the rights guaranteed, the Bill of Rights should be shielded from repeal or amendment by the Legislative Council. concept of an 'entrenched' Bill of Rights requiring greater than a simple majority to override existing Leg- islative guarantees should be considered.

The Bill of

The

Rights could become entrenched in one of two ways: (1) were Hong Kong to become party to the Covenants, the Bill of Rights would be entrenched as the domestic legislation executing Hong Kong's international obligations and, as noted above, thereby attain constitutional status under the Letters Patent until 1 July 1997; (2) alternatively, the Bill of Rights could become entrenched by an amend- ment to the Letters Patent which would restrict the Hong Kong Legislative Council from enacting subsequent legis- lation that would override the Bill of Rights.

Under either procedure, after July 1997, the Bill of Rights "as applied to Hong Kong" would remain entrenched through Article 39. The reform of Hong Kong laws to resolve inconsistencies with the Bill of Rights should be pervasive and firmly in place prior to 1997. By such significant entrenchment before 1997, the Bill of Rights should prove sufficient to meet the Basic Law's

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