[1974] 1 WLR 692 (HL). However, there would be no ambiguity in the legislation proposed for Hong Kong which would be capable of being resolved in favour of the standards contained in Article 19. Nothing in the legislation would recognise a right to free expression subject to specific exceptions to be construed narrowly against the censor according to a test of what is necessary to met the pressing social needs contained in Article 19 paragraph 3. Accordingly, even though the Court of Appeal of Hong Kong, accepted, in its decision of 8th September 1987, in Attorney General V South China Morning Post Limited, that it should adopt the standards contained in Article 19 for the purpose of determining whether to restrain the newspaper's freedom of expression, that decision cannot provide a basis for re-writing the unambiguous language of the proposed legislation. At its highest, it might persuade the Courts to construe the legislation, subject to its plain words,
words, in a manner which advanced rather than frustrated the obligations imposed by Article 19. But in the end the unambiguous language of the legislation would be conclusive.
Non-compliance with Article 2 in Hong Kong
9. In my view, such a situation does not comply with the United Kingdom's obligations under Article 2 read with Article 19 of the ICPR in that the United Kingdom will not thereby :
(1) "ensure to all individuals within its territory and subject to its jurisdiction the rights recognised" in- Article 19 (in accordance with Article 2 paragraph 1); (ii) have adopted "such legislative or other measures as may be necessary to give effect to the rights recognised" in Article 19 (in accordance with Article 2 paragraph 2); (iii) ensure that any person whose right to free expression, guaranteed by Article 19, is violated "shall have an effective remedy" (in accordance with Article 2 paragraph 3a); or
(iv) ensure that "any person claiming such a remedy shall have his right determined by competent judicial, administrative or legislative authorities, or by
or by any other
7
No comments yet.
Private notes are available after approval.