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[Happy to legislative
could not be afforded by the community. inform Chinese side in advance of amendments occasioned by the BOR, and if they wished, to discuss the amendments with them.] Must clear however this is a matter for the HKG.
make
Q.6
A.6
and
By employing terms like "life of the nation" "national security", is the BOR not trying to ascribe to Hong Kong powers that should be reserved for the sovereign state?
These are terms used in the ICCPR. Any attempt to
narrow these terms would also change the circumstances under which certain rights and freedoms could be restricted or derogated from. This would make the BOR inconsistent with the ICCPR and hence BL Article 39 and JD 156. Better to stick to terms used in the ICCPR. Interpretation of the terms will be a
matter for the courts. The BOR does not and indeed cannot ascribe to Hong Kong powers that should be reserved for the sovereign state.
Q.7
A.7
Why is it that the BOR does not cover the
International Covenant on Economic, Social and Cultural Rights (ICESCR)?
Provisions of the ICESCR are different in nature. They are collective rights and the primary obligation
of States Parties to that Covenant is to achieve
progressively the full realisation of
of those rights. No obligation on a State Party to guarantee ICESCR
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