由此 - 26 - A B “171. Each and every constitution, however, arises out of its own unique historical circumstances. Those circumstances are often reflected in the constitution itself. Those responsible for drafting the South African constitution had to bear in mind that the courts would be faced with a large body of laws which had been enacted during the apartheid era and which would, directly and indirectly, reflect formalised racial prejudice. If all such provisions were to be struck down, allowing no time for corrective legislation, chaos would have been the result. Hong Kong’s constitution, however, was drafted in very different circumstances. It is a constitution which emphasises continuity rather than the abandonment of an old legislative regime.” C D E F G I B C D E F G 84. H A Furthermore, in England, in Re Spectrum Plus Ltd (in liquidation) [2005] 2 AC 680, the House of Lords considered whether the court has the power to make a prospective overruling. It is relevant to note H I that in Re Spectrum Plus Ltd was not concerned with any fundamental J K human right. It was concerned with whether the charge over book debts, present and future, granted by Spectrum Plus Ltd (“Spectrum”), to the J K National Westminster Bank plc (“the bank”) under a debenture was a fixed L M charge, which it was expressed to be, or merely a floating charge. If it was a floating charge, preferential debts have priority under section 175(2)(b) L M of the Insolvency Act 1986. In deciding that the charge was a floating N charge, the House of Lords overruled Siebe Gorman & Co Ltd v Barclays O Bank Ltd [1979] 2 Lloyd’s Rep 142, a first instance decision. It was in N O such context that it was argued that the House of Lords should overrule P Siebe Gorman only for the future because that decision had been acted on Q as correct since its decision. It is not surprising that the argument was P Q rejected. Even so, Lord Nicholls said: R S R “ Instances where this power has been used in courts elsewhere suggest there could be circumstances in this country where prospective overruling would be necessary to serve the underlying objective of the courts of this country: to administer S T T U U V V