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機密
'National security' and 'life of the nation'
17.
A number of provisions in the BOR (viz. Clause 5, Articles 8, 10, 16 and 18) follow the ICCPR
ICCPR in allowing rights to be restricted on the grounds of "national security" or to protect "the life of the nation". Limitations on rights and freedoms under the ICCPR may be imposed on the grounds of "national security". Derogation from certain rights and freedoms is permitted only in times of public emergency which "threaten the life of the nation". A number of submissions and some DB members suggested that these phrases should be clearly defined in order to avoid any abuse of human rights on grounds of national interests, especially after 1997. Some of them suggested substituting the 'security of Hong Kong' and 'life of Hong Kong' respectively for the terms in question.
18.
The terms "the security of Hong Kong" and the "life of the Hong Kong" are clearly more attractive to Hong Kong people even when used in an inclusive definition as in the draft Bill. We do not, however, think, that it is acceptable to make the suggested substitution because it would permit the limitation of (or derogation from) rights in circumstances different from those allowed by the ICCPR. This would be inconsistent with the ICCPR. It would also preclude action being taken in Hong Kong to protect national interests when such action would clearly be desirable. For these reasons, we recommend the proposed substitution should not be made.
19.
The White Bill defined
"national
security"
as
including the security of Hong Kong and "life of the nation" as including the life of Hong Kong. Insofar as these definitions would permit rights to be restricted or taken away in circumstances different from those allowed by the ICCPR they also are inconsistent with the ICCPR.
We
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