CONFIDENTIAL
17
機密
Textual changes to the articles of the Bill of Rights
36.
There have been a number of suggestions to amend various articles of the BOR in order to clarify or amplify their meaning and to specify the circumstances under which they will apply.
37.
In view of the baisc consideration outlined in paragraph 7 above, it is important to adhere to the wording of the ICCPR closely except where a departure can clearly be justified. Any modification carries with it the risk of changing the ICCPR obligations inadvertently, if not With this in mind, we have considered suggestions on the text of Part II of the Bill, and propose to pursue only the following points:
intentionally.
38.
There may be justification for changing the text of some articles which include expressions such as "shall be prohibited" or "shall be recognized", because it may not be clear whether they are meant to be a directive to the Legislature to enact legislation to give effect to the particular rights in question, or to be self-executing. An analysis by an academic indicates that some of the articles which provide that certain rights shall be protected are self-executing. The effect of other articles is less certain but the courts would probably interpret them as self-executing, instead of being merely a directive to require the enactment of laws. [On balance, we propose ......] [To be provided by AGC].
39.
Another problem is with Article 17 which states that propaganda for war or advocacy of national, racial or religious hatred "shall be prohibited by law." However, the reservation in Clause 13 states that there is no obligation to legislate further in respect of Article
CONFIDENTIAL
機密
17.
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