TNAG-2177-FCO40-3114-Hong-Kong-Bill-of-Rights-1990 — Page 73

09-NOV-1990 16:47

CONSTITUTIONAL AFFAIRS BR

852 840 1976 P.03

In addition, the Law Group notes its continuing concern

on the following issues;

A.

(1) 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;

(2)

(3)

(4)

REVISTONS

inadequate protection against subsequent executive of legislative infringements of rights guaranteed under the two Covenants; inadaquate 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.

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-

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

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

the Legislative Council may determine. Under Section 14 (5), the

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 "freezę.

period from two years to one, the Law Group finds even an one-

2