TNAG-2175-FCO40-3112-Hong-Kong-Bill-of-Rights-1990 — Page 328

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Interpretation (Clause 2(3))

19.

Objection was made (by some Chinese officials, the pro-Beijing press and a prominent local barrister) to Clause 2(3) as drafted on two grounds :

(a)

(b)

The phrase 'the rules of interpretation applicable to other Ordinances may be disregarded' has led to fears that the Bill is advocating a departure from established legal practice. This could be deemed to be contrary to the terms of the Basic Law;

Subclause (b) laid too great an emphasis on international interpretations, and may lead

to

accusations

of

attempts

'internationalise' Hong Kong's domestic law.

to

20.

Some

thought was given to deleting Clause 2(3) altogether since common law rules permit judges to have regard in any event to the international origins of statutes which implement treaties So that they may be interpreted effectively at the domestic level. However, their retention will give clear direction to the courts, and also ensure that recourse will be had to the useful judgments of the European Human Rights Court.

21.

If this clause is to be retained, an appropriate formulation (which is now incorporated in the draft Bill) to deal with the objection in paragraph

in paragraph 19 above is as

follows:

"Clause 2(3) In interpreting and applying this Ordinance, regard shall be had to:

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