SEP 08 '87 14:28 HERBERT SMITH HK
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Civil and Political Rights to which, with vario 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, who appeared for the defendants, has told us it has not itself adhered to the Covenant to-date. Be that #8 t may Article 19 read
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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 media of his choice.
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3. The exercise of the rights provided: for in paragraph 2 of this article rosearries with it special duties and
responsibilities. It may therefore good 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 rights MEMORATÖR, Teputations of others Ihan 6
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(b) For the protection of ...national security, or of end public order (ordre public) or of public health or morals.
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فيه
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 Lorda:
{"If" those privilèges ("liberty' of "the
press") are to be overborne, then they arsti
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must be overborne to some purpose (3),"
(3) transcript pp.43 and 44