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whether any restrictions can lawfully be placed upon the enjoyment of the rights because Article 19 itself sets out the restrictions permitted by international law. The question is whether the
4 proposed power to restrict the exhibition of films could fairly
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be regarded as falling within the scope of the restrictions permitted by Article 19. The questighetsarticular course of action
provided by legislation is consistent with Her Majesty's Government obligations under international law is a matter for Her Majesty's
Government in the United Kingdom. If there were a breach of the
covenant in Hong Kong, it would be Her Majesty's Government who would
have to answer for it in the committee of the United Nations that
is responsible for monitoring adherence to international covenants and for determining whether there have been departures from its obligations and all the arguments that have been raised in Hong Kong, including Dr, Barendt, opinion, have therefore been referred to the Foreign and Commonwealth office by my Chambers and considered by their lawyers and experts in this field.
Members will have seen perhaps two documents put into circulation by my Chambers which set out in some detail the view taken by the administration on the legal issues in the light of the advice we have received from the Foreign and Commonwealth Office, as well as comments on the arguments employed by Dr. Berendt
23 and I commend them to this Council as the basis for my assurance on behalf of the administration, that these regulations will not lead to any breach of the United Kingdom's obligation under the international covenant on givil and political rights.
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Sir, I think it might damage my good relations with Members
of this Council if I were to address them as if they were a body of judges. The sound of the clash of counsels' opinions tends
tends to weary those who prefer to-
to excite lawyers but it also 31 look for the good sense of a matter and for a reasonable assurance
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of legality. Let me try to put the matter very shortly;
it is
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in essence quite straight-forward. First, the rights in Article 19, the right to express views and the right to receive them in the form of films or otherwise can never be absolute, can never be
unlimited. They are ordinarily restricted in law in a variety