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It may well be, indeed it is most likely, that the issue under (a) involves the same question as the issue under (b). However, the courts' decision process would need to consider each question. The Court would need to go through the same process even if Clause 4 were not included in the Bill of Rights. You may wish to put this thought to the Hong Kong
Government.
of
Paul Fifoot
Legal Advisers
28 November 1990
6PFAAQ