Problem
(ii)
It would be desirable
for the scope of the
second sentence to be
extended to prohibit
restrictions that are
inconsistent with the
Covenants as well.
CONFIDENTIAL
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Preferred Redraft
Possible Channels
Art. 41 and Chapter III in general: It is wrong to distinguish between Hong Kong residents and "other persons" in the SAR insofar as basic rights
and freedoms and concerned.
Furthermore, the existing text could be read as permitting the law to put any restrictions on the rights mentioned in Chapter III so far as they affect
non-residents. This would be
inconsistent with the Covenants.
To avoid a conflict between the BL and JD
150 & 156, Art. 41 could be revised to
extend protection to all persons in the SAR of their basic rights, save for those rights which may be enjoyed only by certain categories of persons.
(eg, voting)
COMEIN
legal experts channel