TNAG-2176-FCO40-3113-Hong-Kong-Bill-of-Rights-1990 — Page 68

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Council follow the ICCPR in allowing

rights and freedoms

to be restricted on the grounds of "national security" or

to

protect "the life of the nation". The White Bill

defined these terms as including the security and life of

Hong Kong. There have been suggestions to substitute them

with "security of Hong Kong" and "life of Hong Kong"

respectively.

10.

These

formulations would, however, permit the

restriction of rights in circumstances which affect only

thereby widening the scope for restriction

allowed by the ICCPR. It would therefore be inconsistent

with the ICCPR. We have

Hong Kong,

therefore concluded that the

language of the ICCPR should be adopted in the Bill.

11.

Some members of the public have commented that

the phrase "the rules of interpretation applicable to

other Ordinances may be disregarded" in Clause 2(3) of the

White Bill may be seen as advocating a departure from

established legal practice and could be contrary to

Joint Declaration and the Basic Law.

to the

12.

Clause.

We have now deleted these references from the

Furthermore, given the provision in the Clause

that the purpose of the Bill is to implement the relevant

provisions of the ICCPR in Hong Kong, we believe courts

!

will make

appropriate

reference

to decisions in other