S.
number of "rovisions in the Bill Detore the dou
tellow the ICCPR in allowing waghts and freedore
estricted on the grounds of "national security" or to protect
the Life of the nation" The White Bill defined these berme
security and life of Hong Kony. There have
as including
the
been suggestions
Co
substitute then with
"eccurity of Hong
Kong" and "life of Hong Kong" respectively.
10.
These formulations would, however,
Berwic the
restriction Si rights 17 circumstances which affect ONLY
Hong Kong, thereby widening the scope for restriction allowed
by the ICCPR.
It would therefore be inconsistent with the
have therefore concluded that the language of the
ICCPR,
Re
ICCPR should be adopted in the Bill.
11
Some nembers
of
the public have commented that the
phrese "tha rules of interpretation applicable 20 other
Ordinances may be Aisregarded" in Clause (3) of the hice
8111 may be seen as advocating a departure from established
legal practice and could be contrary to the Joint Declaration
and the Basic Law.
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 ICCFR in Hong Kong, we believe courts will
appropriate reference to decisions in other jurisdictions
make