precise modalities regarding reporting obligations would be aiscussed in due course, and any breaches of the Joint Declaration would be regarded as a very Under articles 19 and 158 of the Basic Law, which gave effect serious matter. to corresponding provisions of the Joint Declaration, it would be for the Hong Kong courts to interpret the Basic Law for all matters in respect of which Hong Kong would have autonomy. There was no danger that the phrase “as 39 of the Basic Law, would result applied to Hong Kong”, contained in article in an imperfect implementation of the Covenant in Hong Kong. To the contrary, every effort would be made to remedy any inconsistencies between the application of the Covenant in law 8nd its implementation in practice. 362. The Hong Kong Bill of Rights had been framed so as to embody the provisions of both the Covenant and the Joint DeclPrration in one instrument The status of the Bill of Rights, that would survive the 1997 transition, once adopted, would be similar to that of any other ordinance in Hong Kong, Articles 3 (2) and 4 of which meant that it could be amended and repealed. the Bill of Rights gave the Covenant supremacy over other Hong Kong laws. They provided that all pre-existing legislation that did not admit of a construction consistent with the Bill of Rights was, to the extent of the inconsistency, repealed and that all legislation enacted subsequently should be construed as being subject to the Bill of Rights. The Bill of Rights could not be in contradiction with the Basic Law, which provided that legislation could be adopted by a simple majority. 3G3. The Law Reform Commission was composed of 15 members. Its work wers delegated to subcommittees dealing with special issues thought to represent legal problems. The purpose of the one-year ‘lfreeee”, which could be renewed legislation for an additional year on existing , was to prevent lacunae from arising should an existing law be struck down by th8 new Bill of Rights, especially in the area of law enforcement. A number of groups had, however, voiced opposition to the freeee and the Government would make public its response to those representations in the very near future. It was also planned to amend the Letters Patent, which were the source of legislative power in Hong Kong and which would fall away on.1 July 1997, to prohibit the enactment of any law that restricted rights and freedoms in a manner inconsistent with the Covenant and to entrench the Covenant, The Office of the Commissioner for Administrative Complaints had been operating effectively since 1 March 1989 and had already received 372 complaints, Departments against which complaints had been made haa acted to remedy procedural defects or correct errors highlighted by the investigation of the complaint. The Commissioner had, however, concluded in his second annual report th8t the current referral System was fairly narrow 8nd did in f8ct discourage Complaints: consequently, the Government intended to review the system in 1992. Self -de- * * 364, With reference to that issue, members of the Committee wished to receive information on the prospects for a definitive resolution of the situation in Northern Ireland and asked whether there were any plans to consult the inhabitants of Hong Kong about their attitude towards their envisaged status after 1997, In addition, it was inquired whether the people of Hong Kong had been invited to express their wishes concerning their own future at the time of the Joint Declaration: what the composition of the legislature would be after 19971 and whether the weight of functional constituencies in the -89-

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