LEGAL DEFT
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human rights guarantee freedom of expression and freedom of the
press. But those conventions also recognise that there must be
limits to that freedom. For example, the International Covenant
on Civil and Political Rights which applies to Hong Kong
expressly states that the exercise of the right to freedom of expression carries with it special duties and responsibilities and that it may therefore be subject to certain restrictions. The covenant goes on to state that the restrictions shall be only such as are provided by law and are necessary for either the respect of the rights or reputations of others and the protection of national security or public order, or public health or morals.
Thus, in my submission, the proposed new section 27 clearly falls within the restrictions contemplated by the Covenant.
Venue for trial
20.
Mr Cheung Yan-lung proposed that all trials for offences under the proposed new section 27 should be held in the High Court before a jury. The Bill provides that offences may be tried either summarily, that is before a magistrate or on indictment. Trials on indictment are held for serious cases and
are held in either the District Court or the High Court.
So the Bill already latter, trials will be heard with a jury. contains provision that will enable cases under the section to be
In the
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