{
"words of the BORO are copied from the ICCPR, they should be
given the same meaning that they have in the ICCPR.
one such provision (see ICCPR A.14 (2)).
A. 11 (1) is
A
group
of
law international
a
wrote experts
compendious statement of the position relating to permissible
limitations
the ICCPR titled "Siracusa Principles on the
Limitation and Derogation Provisions in the ICCPR" (1985) 7
Therein are stated, inter alia,
on
Human Rights Quarterly 3-14.
the
Interpretative "General
Principles Relating to
the
Justification of Limitations" and the "Interpretative Principles
Relating to Specific Limitation
Clauses".
In addition to
considering Mr. Fung's submissions, I have referred to these principles in detail as a guide to whether any limitation that
is to be put on the interpretation of A.11(1)
that I find
as regards S.46
none of the
permissible
may be justified. limitations and derogations stated therein applies to A.11 (1) as
I have also taken into consideration what has
evidence and other stated above as regards viva
unsatisfactory consequences that arise because of S.46.
regards S.46.
been
by
Mr.
Fung.
voce
purpose
I find
that any restriction on the interpretation of A.11 (1) as regards S.46 is not necessary and would not pass the tests referred to
" for the
of unlawful Possession
trafficking therein" can be proved by inference drawn from the surrounding circumstances of the possession; for example, the presence of a large quantity of dangerous drug, a large number of polythene bags or small segments of drinking-straw, weighing scales with traces of dangerous drug, sealing equipment and so These circumstantial evidence are quite sufficient to provide the trier of fact with the necessary basis where from the
forth.
1
33