XN000022-1988-05-18 — Page 17

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WEDNESDAY, MAY 18, 1988

THERE WAS, HOWEVER, A WORLD

OF DIFFERENCE IN TERMS OF DRAFTING OF THE TWO AMENDMENTS, THE ATTORNEY GENERAL NOTED.

THE

"I DO NOT KNOW HOW THE COURTS IN HONG KONG WOULD INTERPRET THE WORDS 'THE DOCTRINE OF GOVERNMENTAL MARGIN OF APPRECIATION'.

"IT IS NOT, IN FACT, A DOCTRINE OF INTERNATIONAL LAW, BUT MERELY AN APPROACH ADOPTED BY INTERNATIONAL COURTS IN INTERPRETING THE PERMITTED EXCEPTIONS TO THE RIGHTS GUARANTEED BY THE INTERNATIONAL COVENANT.

"I THINK I KNOW WHAT MR MARTIN LEE HOPES THE WORDS MEAN. BUT I CANNOT SAY WITH ANY DEGREE OF CERTAINTY THAT A COURT WILL NECESSARILY ADOPT HIS MEANING. 30 THE PHRASE FAILS THE FUNDAMENTAL TEST OF LEGISLATIVE DRAFTING WHICH IS CERTAINTY, HE SAID.

**

MR MATHEWS SAID HE SUPPORTED MR YEUNG'S MOTION FOR THE

REASONS

GIVEN.

FILM CENSORSHIP BILL PASSED

THE FILM CENSORSHIP BILL 1988 WAS PASSED IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY),

TWO AMENDMENTS, MOVED BY THE HON YEUNG PO-KWAN, THE BILL AT THE COMMITTEE STAGE.

WERE MADE TO

WERE THE BILL 1988,

BILL

READ A SECOND

THEY TIME.

AMENDMENTS)

THREE OTHER BILLS WERE DANGEROUS GOODS (CONSIGNMENT BY AIR) (SAFETY) (AMENDMENT} THE ADMINISTRATION OF JUSTICE AND THE GUARDIANSHIP OF MINORS (AMENDMENT) BILL 1988.

(MISCELLANEOUS

DEBATE ON THESE THREE BILLS WAS ADJOURNED.

1988

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