TNAG-1731-FCO40-2444-Minutes-and-Hansards-of-the-Legislative-Council-of-Hong-Kong-1988 — Page 295

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

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MR MARTIN LEE:

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Yes, Sir, only as to law in response to the learned Attorney General's submission.

Sir, those two safeguards were put in by me I thought in order to appease the Attorney General, but if he thinks that the introduction of those two safeguards will make it more difficult to comply with the law, then I am only too happy to forego them.

forego them. If he is happy that the formulation in my proposed amendment, namely that the censor in making his decision under subsection (4), shall comply with Article 19 of the International Covenant, without giving the Government the margin of appreciation which the Hong Kong Government, for the benefit of Mrs, Chow, has always enjoyed, so be it. Likewise, if the learned Attorney General doesn't like to restrain any application to the Court by confining it to proceedings for judicial review, who am I to quibble.

Sir, with respect to the Attorney General, we are dealing with two conflicting considerations if the Honourable hou Mr. Yeung Po-kwan's formula is to be adopted. The censor has

to take into account

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HIS EXCELLENCY THE GOVERNOR: Mr. Lee I am sorry, I must interrupt you because the clock has now just gone past 6.00 pm, and under Standing Order 8(2) the Council should now adjourn.

CHIEF SECRETARY: Sir, with your consent,

I move that Standing Order 8(2) should be suspended so as to

allow the Council's business this afternoon to be concluded.

Question proposed, put and agreed to.

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