TNAG-1927-FCO40-2744-Future-of-Hong-Kong-Sino-British-Joint-Liaison-Group-sub-gro-1989 — Page 177

[Notes on Article 6, contd.]

IPIC/DC/3 page 40

89. Ad subparagraph (3)(b):

In conformity with the proposal made by the Delegation of Ghana during the fourth session of the Committee of Experts, subparagraph (3) (b) requires that any derogation from the exclusive rights of the holder of the right effected by virtue of the permitted exceptions in subparagraph (3) (a) must be subject to judicial review in the interests of the assurance of due process to the holder of the right, whose rights will have been effected by the non-voluntary license or other measures. the same proposal, subparagraph (3) (b) also requires that any non-voluntary In line with license or other measure shall either cease to have effect (Alternative C), or be revoked (Alternative D), when the facts that justify it cease to exist. This latter provision is consistent with the theory that the derogation from the exclusive rights of the holder of the right, effected by the grant of a non-voluntary license or other measure, is justified only insofar as, and for as long as, the motivating reason for the derogation exists.