inconsistent with the Ordinance, since it is covered by the limitations contained in Article 8(3) of the Hong Kong Bill of Rights ("the Bill of Rights"), set out in Part II of the Ordinance. However, some of these sources are marginally relevant to his primary argument that nothing in the Ordinance applies to the present application because it arises out of litigation between private individuals. Prima-facie, the answers to the various questions which arise from the primary argument depend upon the proper construction of the Ordinance.
For the purpose of this judgment, I do not think that it is necessary to set out all the provisions of the Ordinance. I am not concerned with the exceptions and savings set out in Part III, which does not offer any guidance on interpretation: Mr McCoy's primary argument is based on section 7 and its relationship with sections 3 and 6 of the Ordinance. It will be necessary to refer to some of the Articles of the Bill of Rights. But, only the following
provisions are relevant to the primary issue:-
"2. Interpretation
(1) In this Ordinance, unless the context otherwise requires "article" means an article of the Bill of Rights;`
"Bill of Rights" means the Hong Kong Bill of Rights set out in Part II;
"commencement date" means the date on which this Ordinance comes into operation; "legislation" means legislation that can be amended by an Ordinance; "pre-existing legislation" means legislation enacted before the commencement date.
(3) In interpreting and applying this Ordinance, regard shall be had to the fact that the purpose of this Ordinance is to provide for the incorporation into the law of Hong Kong of provisions of the International Covenant on Civil and Political Rights as applied to Hong Kong, and for ancillary and connected matters.
(4) Nothing in this Ordinance shall be interpreted as implying for the Government or any authority, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms recognized in the Bill of Rights or at their limitation to a greater extent than is provided for in the Bill. (cf. ICCPR Art. 5.1]