6
Council follow the ICCPR in allowing
rights and freedoms
to be restricted on the grounds of "national security" or
to
protect "the life of the nation". The White Bill
defined these terms as including the security and life of
Hong Kong. There have been suggestions to substitute them
with "security of Hong Kong" and "life of Hong Kong"
respectively.
10.
These
formulations would, however, permit the
restriction of rights in circumstances which affect only
thereby widening the scope for restriction
allowed by the ICCPR. It would therefore be inconsistent
with the ICCPR. We have
Hong Kong,
therefore concluded that the
language of the ICCPR should be adopted in the Bill.
11.
Some members of the public have commented that
the phrase "the rules of interpretation applicable to
other Ordinances may be disregarded" in Clause 2(3) of the
White Bill may be seen as advocating a departure from
established legal practice and could be contrary to
Joint Declaration and the Basic Law.
to the
12.
Clause.
We have now deleted these references from the
Furthermore, given the provision in the Clause
that the purpose of the Bill is to implement the relevant
provisions of the ICCPR in Hong Kong, we believe courts
!
will make
appropriate
reference
to decisions in other