GF 323
機密
CONFIDENTIAL ##
5
violated there is an effective remedy available to the individual. Some ICESCR rights are not readily made justificable and some will in any event be protected by analogous ICCPR rights (e.g. the right to form and join trade unions).
Q.8
Amendments to the Letters Patent. What exactly will be the amendment?
A.8
Q.9
A.9
The intention is to mirror Article 39 of the BL in the Letters Patent. Text will follow closely that of BL Article 39. Intend that the recommendation for amendment should go to Privy Council in March/April.
There has been some confusion over the length of the freeze period. What is the proposed arrangement?
The Bill proposes blanket freeze on all existing legislation (and acts done thereunder) for one year from the commencement date of the BOR, to be followed by a selective freeze for a further year or a longer period for those provisions of legislation included in the Schedule to the BOR. Legislative Council Ad
Hoc Group however does not think that blanket freeze is appropriate and prefers early implementation of the BOR. [Also argue that final adjudication as to the compatibility of local laws with the ICCPR and the BOR should rest with the judiciary and not with the executive or the legislative.]
Their recommendation is to amend the freeze arrangements to a selective freeze for one year listing in a schedule ordinances likely to be affected by the BOR. The freeze may be extended if necessary upon the approval of the LegCo for not more than one further year.
CONFIDENTIAL ##
機密
No comments yet.
Private notes are available after approval.