TNAG-1731-FCO40-2444-Minutes-and-Hansards-of-the-Legislative-Council-of-Hong-Kong-1988 — Page 294

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15:54

"

the in terms

of the

the drafting of the two

amendments.

I

4.

do not know how the Courts in Hong Kong would interpret

"the

the words

doctrine of governmental margin of As the Attorney General explained in this Council last July, appreciation"./ it is not, in fact, a doctrine of inter-

national law, but merely an approach adopted by interna-

tional courts in interpreting the permitted exceptions

to the rights guaranteed by the International Covenant.

I think I know what Mr. Martin Lee hopes the words mean.

But I cannot say with any degree of certainty that

necessarily adopt his meaning.

2.

court

will

in my view,

So the

phrase fails the fundamental test of legislative

drafting which is certainty.

I think

h

it follows from what I have said that if Mr, Martin Lee's proposed amendment to clause 10 would make the Bill consistent with Article 19, and so does Mr. Yeung Po-kwan's amendment, Sir, for these reasons, I would support SMr. Yeung's motion.

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