CONFIDENTIAL
Article 21
3.
Article 21 of the BOR provides:
"Every permanent resident shall have the right and the opportunity, without any of the distinctions mentioned in article 1(1) and without unreasonable restrictions-
(a)
(b)
(c)
to take part in the conduct of public affairs, directly or through freely chosen representatives;
to vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors;
terms of
to have access, on general equality, to public service in Hong Kong."
Article 1(1) provides:
"The rights recognized in
Rights shall be enjoyed without distinction
this Bill of
colour, sex,
social
or othet origin,
political religion,
of any kind, such
as race,
language,
opinion,
national or
property, birth or other status."
2-
Approach to construction
4.
In interpretating the BOR, the Court's task is to ascertain the intention of the Legislature as expressed in the Bill.
But the BOR is a constitutional document
and should be
See the
given a generous and purposive interpretation. decisions of the Court of Appeal in R. V. (1992) 1 HKCLR 127 at 139-141, 154, Tam Hing-vee v. Wu Tak
Wai (1992) 1 HKLR 185 at
at 189, R. v. The Securities and
Futures Commission Ex parte Lee Kwok Hung Civil Appeal No.7 of 1993 at 7. In interpretating and applying it, regard shall be had to the fact that the purpose of the Ordinance
of Appeal in R. v. Sin Yau Ming
2