TNAG-1731-FCO40-2444-Minutes-and-Hansards-of-the-Legislative-Council-of-Hong-Kong-1988 — Page 248

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and Paragraph 3 should be interpreted as limiting the

powers of the Government to restrict those freedoms. This is what I mean by the negative approach.

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Now Article 21

reades

of peaceful

and I quote: The right of peaceful assembly shall

be recognized. No restrictions may be placed on the exercise

of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (order public), the protection of public health or morals or the protection of the rights and freedoms of others." Now I note that this formulation of Article 21 is precisely

identical to Article 19.

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Le 24

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However, Article 20 reads:

Any propaganda for war shall be prohibited by law. Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.'

derf

I note and I hope you will agree with me that this formulation which, I call positive, is diametrically opposed to that for Articles 19 and 21. No wonder Her Majesty's Government when ratifying the Covenant had this reservation registered and I quote: Reservation No 9 upon ratification

9(upon "The Government of the United Kingdom interpret Article 20 consistently with the rights conferred by Articles 19 and 21 of the covenant and having legislated in matters of practical concern in the interests of public order (order public) reserve the right not to introduce any further legislation. The United Kingdom also reserve a similar right in regard to each of its dependent territories".

Now, Sir, on the 8th July 1987, during the above

36 mentioned Debate, I supported the Film Censorship Regulations

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