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which meant that it could be amended and repealed.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repealed and that all legislation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
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