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thank
Namely, that a censor need only take Article 19 into account but that he need not comply with it. This would effectively exclude the application of the principle in Garland v. British Rail for such an express provision would preclude the application of the presumption., I therefore than the Legal Adviser OMELCO for bringing this principle to my attention but, with respect to him, it does not help him or the Administration, in supporting the Honourable Me YEUNG Po-kwan's formula.
On the contrary, it shows quite
clearly that this Committee should either make no mention of Article 19 at all, or it must adopt my formula.
I must point out that these arguments have all been advanced
And by the Administration, including Governemnt lawyers. indeed, Members of this Council have been advised by the
Legal Adviser of the Foreign and Commonwealth Office, last year, in relation to the interim measures, that Regulation 3A (vii)
of the Film Censorship Regulations 1987, which is
clause
not much different from the present Section 10(2)(c), would 20 not infringe Article 19. Unfortunately, the track record 21 of the UK Government before the European Commission of Human
Rights is far from impressive, being the Government which consistently ranks tops- both in relation to the number of complaints brought against any government, and the number of unfavourable judgments received by any government. is also significant to note that up to date all the lawyers
claves whatopenly support section 10(2)(c) and Section 10(3)(d) 28 happen to be Government lawyers. And I shall leave
Honourable, Members to draw their own conclusions.
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31 Quite frankly, I have not heard a single argument advanced
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which is sound, as to why my proposal using the words "comply with should not be accepted, particularly, after
two further provisions in my proposed amendment to make sure that the Hong Kong Government will not be disadvantaged thereby, by expressly enacting in the same bill so as:
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