TNAG-2177-FCO40-3114-Hong-Kong-Bill-of-Rights-1990 — Page 47

In addition, the Law Group notes its continuing concern

on the following issues:

(1)

(2)

(3)

(4)

the absence of any plan by which to continue the application in Hong Kong of the two Covenants whose provisions are necessary to fulfill Article 39 of the Basic Law;

inadequate protection against subsequent executive or legislative infringements of rights guaranteed under the two Covenants; inadequate protection of the right to popularly elected representation as provided for in the Basic Law; and

omission of certain fundamental rights, including the rights guaranteed in the Covenant on Economic, Social and Cultural Rights.

A.

REVISIONS

1. Repealing or amending conflicting pre-existing

legislation

The Hong Kong Bill of Rights Bill 1990 provides that pre-existing legislation, and acts done under such legislation, will be unaffected by the Bill of Rights for a period of one-

Part III, Section year after commencement of the Bill of Rights.

14.

After that period, any provision in pre-existing legislation

referenced in a "Schedule" will be unaffected by the Bill of Rights for a further period of one year, or such longer period as

Under Section 14(5), the the Legislative Council may determine. Legislative Council may add to the "Schedule" a reference to any

provision in pre-existing legislation.

While the Law Group welcomes the change in the "freeze" period from two years to one, the Law Group finds even an one-

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