CONFIDENTIAL #2
9
therefore recommend that they be deleted from the final Bill.
Interpretation (Clause 2(3))
20.
pro-Beijing press and a prominent Clause 2(3) as drafted on two grounds:
Objection was made (by some Chinese officials, the
local barrister)
to
(a)
(b)
The phrase 'the rules of interpretation applicable to other Ordinances may be disregarded' has led to fears that the Bill is advocating a departure from
from established legal practice. This could be represented as to be contrary to the terms of the Basic Law;
Subclause (b) laid too great an emphasis on international interpretations, and may lead
to
accusations
of
attempts
'internationalise' Hong Kong's domestic law.
to
21.
The option is whether this provision should deleted or retained with appropriate amendment.
(a)
(b)
be
Some thought was given to deleting Clause 2(3) altogether since common law rules permit (and may in certain circumstances even require) judges to have regard to the international origins of statutes which implement treaties so that they may be interpreted effectively at the domestic level.
On the other hand, the retention of this provision will give clear direction to the courts, and also will be had to the useful
ensure
that
recourse
CONFIDENTIAL #
9