CONTENTS
TABLE OF STATUTES CONSIDERED
TABLE OF CASES.............
CORRECTIONS AND CLARIFICATIONS....
EDITORIAL...
APPLICATION OF THE BILL OF RIGHTS
iv
vii
viii
1
In in
5
5
6
COMMENCEMENT AND "RETROSPECTIVE" OPERATION OF THE BILL OF
RIGHTS; "EXTRA-TERRITORIAL" OPERATION
Attorney General v Lorrain Osman (letter of request, retrospective
and extra-territorial operation of Bill of Rights).
R v Li Kwok Wa (retrospective operation of Bill of Rights)
INTERPRETATION of the Bill of Rights...................
R v Yiu Chi Fung (relevant sources for interpreting
Bill of Rights and their weight) ........
ADOPTION OF A CONSTRUCTION CONSISTENT WITH THE Bill of RigHTS Ordinance; REPEAL "TO THE EXTENT OF THE INCONSISTENCY"
R v Lau Shiu-wah (reading down, "until the contrary is proved") ...
R v Yiu Chi Fung (reading down, "red pencil" test).
"PRE-EXISTING LEGISLATION", "LEGISLATION THAT CAN BE AMENDED BY AN ORDINANCE"
United States of America v Johnny Eng (amendment of UK
legislation and orders in council)....
APPLICATION TO PROCEEDINGS BETWEEN PRIVATE INDividuals (ss. 3 and 7)
77
7
Tam Hing-yee v Wu Tai-wai (prohibition orders).. Sun Ching-yee v Wong Shum (prohibition orders).... Duty Free Shoppers Hong Kong Limited v Wong Kwong Pong
(civil proceedings, self-incrimination).......
8
9
9
10
Hong Kong Stationery Manufacturing Co. Ltd v Worldwide Stationery Manufacturing Co. (copyright, evidence)
GUARANTEE OF FREEDOM FROM TORTURE AND OTHER ILL TREATMENT AND HUMANE TREATMENT OF PERSONS DEPRIVED OF THEIR LIBERTY (ARTICLES 3 AND 6); REMEDIES
United States of America v Johnny Eng (extradition, mandatory
sentences)....
11
Bill of Rights Bulletin
December 1991