CONFIDENTIAL
2
機密
The BOR seeks to implement only the ICCPR. It is not meant to be comprehensive. Nor does it restrict the rights and freedoms to only those recognised in it (clause 2(5) of the BOR refers).
Q.2
A.2
Has the BOR not given itself a status overriding all other laws, thus changing the legal system in contravention of BL Article 11?
Despite strong public views in Hong Kong that the BOR should have a status superior to all other local ordinances, the BOR has no such status
status and is an ordinance on a par with other ordinances. common law system, any existing law is repeal or amendments by a later law: the BOR will be no different. Therefore no question of changing the legal system or contravening BL Article 11.
Under the subject to
Q.3
Should Clause 4 be deleted altogether?
A.3
Clause 4 will save, rather than strike down, subsequent laws which might otherwise contravene the amended Letters Patent, or Article 39 of the Basic Law. However if the Chinese side find the wording "subject to this Ordinance" (i.e. the BOR) particularly difficult, we are prepared to consider amendments which address Chinese concern but at the same time retain the legal effect of the clause.
GF 323
CONFIDENTIAL ##
機密
No comments yet.
Private notes are available after approval.