TNAG-1691-FCO40-2341-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 130

the ICPR, by the legislative branch of government is the power of he members of the Hong Kong Legislative Council to persuade the

United Kingdom Government to introduce a different and

and more

narrowly drawn measure which adequately respects the fundamental

right to free expression.

Article 19 of the ICPR

5.

Article 19 of the ICPR provides (inter alia) as follows : "2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.

"3. The exercise of the rights provided for in paragraph 2 of this Article carries with it special

it special duties and responsibilities. It may therefore be subject ot certain restrictions, but these shall only be such as are provided for by law and are necessary :

"a. For respect of the rights or reputations of

others;

"b. For the protection of national security or of public order (ordre public), or of public health or morals."

Article 2 of the ICPR

6.

Before I turn to consider the meaning and effect of Article 19, I will refer to some other relevant provisions of the ICPR, because, in my view, the United

the United Kingdom will not be acting in accordance with these other provisions (when read with Article 19) as well as with Article 19 itself (when read on its own) if - it enacts the proposed Bill in Hong Kong. By virtue of Article 2 paragraph 1, the United Kingdom

the United Kingdom is obliged "to respect and to to all individuals within its territory" the rights recognised in the ICPR. Article 2 paragraph 2 states that

"Where not already provided for by the existing legislative undertakes to take or other measures, each State Party the necessary steps, in accordance with its constitutional Covenant, to processes and with the provisions of the adopt such legislative or other measures as may be necessary to give effect to the rights recognised by the Covenant."

ensure

...

".