TNAG-1691-FCO40-2341-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 160

[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

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

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

persuade the Courts to construe the

legislation, subject to its plain words,

in a manner which

advanced rather than

than frustrated the

the obligations imposed by

Article 19. But in the

the unambiguous language of

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 :

(i) "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 any other

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