Date:
ات
Time:
Reporter:
J014) MerocRT SMITH AK"
24.8.87
11.00
-
11.35 a.m.
MEP/4
P.24
1 at least some of its Members, attached great importance. Nor need 2 I go into the approp: hate test to be applied under Articles 19 and 10 3 respectively.
- Mr Lester made it clear to me that he relies on the
4 Covenant as a factor to be thrown in the balance in favour of the
5 Defendants, and is a powerful factor because of the requirement to 6 show need why freedom of speech should be restrained.
7
8
It was Mr Ribeiro's argument that the House of Lords 9 attach much importance in law to the Convention because there is a 10 right of recourse by citizens of the United Kingdom to the European 11 Court at Strasbourg. The House of Lords is anxious therefore, that 12 domestic law should, as far as possible, not conflict with European 13 law. There is no such complaints procedure available to citizens 14 of Hong Kong under the Convenant, and therefore there is no need to 15 avoid a conflict with that Convenant. Mr Lester's argument however, 16 that the House of Lords regarded the Convention as relevant because 17 the Government, which is a signatory to a Convention or Covenant, 18 through its various branches, will act so as to further its international 19 obligations, unless otherwise constrained. Thus, the Hong Kong courts 20 should act, having regard to the Covenant.
21
22
There is perhaps some substance in both arguments, but 23 I am satisfied, as I indicated during the course of the Hearing, that 24 Article 19 is a factor to go in the balance. I am further of the 25 view that it is a powerful factor.
26
27
Those are I think, the principal matters which it is now 28 relevant for me to consider, having regard to the way in which the 29 argument developed. I do not think it necessary for me to consider 30 other questions raised, such as the question of futility; the wrongful 31 use of an injunction, or the form of the Order which has been obtained 32 or which is being sought.
33
34
Summarised then, the position as I find it is this, and
35 like Lord Ackner 36
I shall make nine points.
VERBATIM REPORTERS
HONG KONG
5-8496480 5-497048 5-8496981 5-8932546 5-8122436
Bot
022