652 5 865 2720 AGC
852 5 865 2720
P.0518.05. 38
15:54
"
the in terms
of the
the drafting of the two
amendments.
I
4.
do not know how the Courts in Hong Kong would interpret
"the
the words
doctrine of governmental margin of As the Attorney General explained in this Council last July, appreciation"./ it is not, in fact, a doctrine of inter-
national law, but merely an approach adopted by interna-
tional courts in interpreting the permitted exceptions
to the rights guaranteed by the International Covenant.
I think I know what Mr. Martin Lee hopes the words mean.
But I cannot say with any degree of certainty that
necessarily adopt his meaning.
2.
court
will
in my view,
So the
phrase fails the fundamental test of legislative
drafting which is certainty.
I think
h
it follows from what I have said that if Mr, Martin Lee's proposed amendment to clause 10 would make the Bill consistent with Article 19, and so does Mr. Yeung Po-kwan's amendment, Sir, for these reasons, I would support SMr. Yeung's motion.
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