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In short, under my formula, the Board of Review must ensure that Article 19 is complied with by the Censor.
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The fourth argument advanced is that if my formula were adopted, a precedent will be created whereby binding commitments based on international agreements are imported directly into Hong Kong's domestic legislation. This is,
with respect, a specious argument. First, if we are starting a good precedent, what possible objection can there be to it. Secondly, I am concerned that if the Honourable fucke. YEUNG Po-kwan's formula were to be adopted, we would
be starting a very bad precedent in that this Committee would knowingly enact a law which is in breach of the
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International Covenant. Thirdly, under Árticle 2 of the lim
International Covenant, a contracting state - that is the UK -
has an obligation to pass the appropriate domestic laws
to give effect to the principles enshrined in the International Covenant.
What I am seeking to do in proposing my amendment, is to ensure that we in Hong Kong will comply with Article 2 although the British Government has for years been neglecting its duties cast upon it by Article 2.
L.A.
The fifth argument advanced is, in effect, from the Legal
of Adviser to OMELCO which I see that the Honourable Mr YEUNG Po-kwan has fully adopted. It is based on a principle
of construction of statute that the words of a statute
passed after a treaty has been signed, and dealing with the subject matter of the international obligation of the United Kingdom, are to be construed, if they are reasonably capable of bearing such a meaning, as intended to carry out the obligation and not to be inconsistent with it.
These words come from the House of Lords case of
Garland v. British Rail
The argument is that applying
this principle to section 10(2)(c), a court when called
clau
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