TNAG-1731-FCO40-2444-Minutes-and-Hansards-of-the-Legislative-Council-of-Hong-Kong-1988 — Page 238

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

1 he must be satified that it is necessary for respect of the 2 rights or reputations of others. In this regard, for example, 3 the reputation of foreign dignitaries. "All of that is necessary 4 for the protection of national security or public order or diplomatic

or of public health or morals.

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ourse

Sir, I shall therefore in due course be moving an

chemi 10 (4A)

andre bublic

8 amendment by the addition of Section 10 fub Section 1 (1), 9 which now appears on a paper circulated to Members and I will 10 give my detailed reasons then.

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Sir, with respect to the constitution of the Board 13 of Review, I would respectfully urge the Administration to 14 seriously consider allowing a High Court Judge or a District 15 Judge to chair the Board of Review whenever the ground of

16 complaint relates to Sation 10 (2) (c); in other words,

(2)(c);

17 political censorship, because it is quite likely that 18 authorities will be cited to the Tribunal based on

19 European decisions, and it would require a chairman with 20 good training in law to fully appreciate these submissions.

Sir, may I remind Henourable Members of the

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hon.

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23 provision for ticle 2 of the International Convenant 24 on Civil and Political Rights. Paragraph 3 reads: 25 State party to the present Covenant undertakes

le.

fpach

(b)

a remedy shall have his right thereto

determined by competent judicial,

(a) to ensure that any person whose rights or

freedoms as herein recognised are violated shall have an effective remedy, and

Λ

to ensure that any person claiming such

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administrative or legislative authorities

and to develop the possibilities of

judicial remedy.

35 Sir, the most effective judicial remedy available under the 36 scheme proposed in this Bill is to ensure that the Board of

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