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reservations should be incorporated into the articles which they apply; and that the reservations tend to nullify or dilute the corresponding rights which they
they apply, apart from being confusing.
We have considered such
representations but have concluded Part III of the Bill as it stands must be retained in order to accurately reflect the application of the ICCPR to Hong
to Hong Kong. However, we accept that the description "Reservations" is not appropriate and propose to use "Exceptions" instead.
Changes to the Sub-title of Clause 3
43.
We propose to change the sub-title for Clause 3 "Ordinance to override existing law" to "effect on existing law", for the sake of accuracy.
Defining "Citizen" in Article 22
44.
Article 22 presents the risk that it could be interpreted as providing the right to participate in public life to mainlanders. This risk could be removed by including the following interpretation of the term "citizen" in Clause 2 :
[To be provided by AGC)
However, this interpretation is likely to give rise to questions whether the limitations in the Basic Law on the right of permanent residents with a right of abode in a foreign country
become LegCo members/Chief Judges/Principal Officials would infringe Article 22 or would be permissible reasonable restrictions under the Article. While we feel the Chinese could be reassured on
to
CONFIDENTIAL #
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Private notes are available after approval.