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be deferred as well. However, such a deferment in addition
to the proposed freeze in respect of enactments would inevitably draw severe criticism and comments on the futility of the whole BOR exercise. On balance, we do not recommend deferment of the application of this Article to
government.
Textual changes to the articles of the Bill of Rights
40.
A number of people have suggested that various articles of the BOR should be amended in order to clarify or amplify their meaning and to specify the circumstances under which they will apply.
41.
In view of the basic consideration outlined in
paragraph 7 above, it is important to adhere to the wording of the ICCPR closely except where a departure can clearly be justified. Any modification carries with it the risk of
changing the ICCPR obligations inadvertently, if not
with this in mind, we have considered suggestions on the text of Part II of the Bill, and propose
to pursue only the following points.
intentionally.
42.
of some
There may be justification for changing the text
articles articles which include expressions such as "shall be prohibited" or "shall be recognized", because it may not
be clear whether they are meant to be a directive to the Legislature to enact legislation to give
to give effect to the
particular rights in question, or to be self-executing.
analysis by an academic indicates that some of the articles
which provide that certain rights shall be protected are
self-executing. The effect of other articles is less
An
certain but the courts would probably interpret them as
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