Despite the rate of emigration, the majority of people now living in Hong Kong will still be
here after 1997. Their perception of what are fundamental will be changed even the existing
system remains unchanged for fifty years. It would be mistaken to assume that because the
present system has apparently worked well, nothing more need to be done. "Western
democracies have never taken this view and many of them have actively been pursuing means
to improve their already impressive human rights records.""" Not only Hong Kong but also
China as a whole should not stand away from these international trends. This view, beyond
doubt, is no more a brag and boast. For the people of Hong Kong, the changing of their
ideas about what is fundamental would be a rule rather than an exception.
3.
Rights Cannot Be Absolute
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The third difficulty is that enjoyment of the rights of free speech, of association, and of
assembly cannot be without limitations. For example, under the ICCPR, the freedom of
expression may be restricted to protect national security, public order, public health or
morals, or the rights and reputations of others. The Bill of Rights reproduced this provision.
The Basic Law permits a restriction of the fundamental rights no more than the Covenant
allows, and reserved the power of formulating the exact restrictions for the HKSAR
legislature, e.g. "unless restrained by law" (Article 31), "in accordance with law (Article
36, 41). "...shall not be restricted unless as prescribed by law" (Article 39), or in the
affirmative, e.g. "protected by law" (Article 3, 30, 36), "safeguarded by the law" (Article
38). "implemented through the laws" (Article 39), and "to abide by the laws in force"
(Article 42). All these restrictions will be stipulated in future at the SAR's pleasure.
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