TNAG-2176-FCO40-3113-Hong-Kong-Bill-of-Rights-1990 — Page 96

S.

number of "rovisions in the Bill Detore the dou

tellow the ICCPR in allowing waghts and freedore

estricted on the grounds of "national security" or to protect

the Life of the nation" The White Bill defined these berme

security and life of Hong Kony. There have

as including

the

been suggestions

Co

substitute then with

"eccurity of Hong

Kong" and "life of Hong Kong" respectively.

10.

These formulations would, however,

Berwic the

restriction Si rights 17 circumstances which affect ONLY

Hong Kong, thereby widening the scope for restriction allowed

by the ICCPR.

It would therefore be inconsistent with the

have therefore concluded that the language of the

ICCPR,

Re

ICCPR should be adopted in the Bill.

11

Some nembers

of

the public have commented that the

phrese "tha rules of interpretation applicable 20 other

Ordinances may be Aisregarded" in Clause (3) of the hice

8111 may be seen as advocating a departure from established

legal practice and could be contrary to the Joint Declaration

and the Basic Law.

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 ICCFR in Hong Kong, we believe courts will

appropriate reference to decisions in other jurisdictions

make