SEP 08 '87 14:28 HERBERT SMITH HK
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Civil and Political Rights to which, with various reservations, the United Kingdom has adhered on its own behalf and that of its dependent territories including Hong Kong,
The People's Republic of China states that the provisions of the Covenant as applied to Hong Kong shall remain in force after 1997 but Mr. Lester, w who appeared for.
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the defendants, has told us it has not itself adhered to the Covenant to-date. Be that as it may Article 19 reads:
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"1: Everyone shall have the right to hold
opionions without interference...
2. Everyone shall have the right to
freedom of expression; this right. shall include freedom to seek; receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other mediasof his choice.
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3. The exercise of the rights provided: for in paragraph 2 of this article atoscarries with it special duties and
responsibilities. It may therefore gold be subject to certain restrictions, but these shall only be such as are provided by law and are necessary;"
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(a) For respect of the right's" TAMARE SOT, Eeputations of others Inas 6
more (b)) For the protection of
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national security or of eng w public order (ordre public) ‚or of publïc health or morals
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These words" may add little to the protection afforded to the individual by the Common Law. To quote from Lord Oliver's dissenting judgment in the House of Lords!
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"If those privileges ("liberty" of the
press") are to be overborne, then they?NTATE
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(3)
must be overborne to
overborne to some purpose (3)
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(3) transcript pp.43 and 44
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