TIDENTIAL
機密
8
16.
Clause 1(2) of the Bill at Annex A sets out the revised provision to give effect to these proposals.
'National security' and 'life of the nation'
17.
A number of articles in the Bill (viz. Clause 5, Articles 8, 10, 16 18) follow the ICCPR in making reference to 'national security' or '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
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.
Inclusion of the term "the security of Hong" and "the life of Hong Kong" would appear more reassuring to Hong Kong people. We do not, however, think that this is acceptable alternative. In the cases where 'national security' or a threat to the 'life of the nation' are specified as legitimate grounds for limiting the rights in certain of the articles, substitution of 'Hong Kong' would permit such limitation in circumstances narrower than those allowed by the ICCPR. This could be deemed to be inconsistent with the ICCPR. The definitions for these terms proposed in clauses 2(1) and 5(3) of the White Bill {"national security' includes the security of Hong Kong" and 'life of the nation' includes the life of Hong Kong') pose similar difficulties. Further, they might preclude action in Hong Kong to deal with situations which did affect national security or the life of the nation where such action would clearly be desirable. recommend deletion
definitions
of
these
We therefore
from the final
Bill.
CONFIDENTIAL
機密