TNAG-2327-FCO40-3371-Hong-Kong-Bill-of-Rights-implementation-and-conferences-1991 — Page 59

{

"words of the BORO are copied from the ICCPR, they should be

given the same meaning that they have in the ICCPR.

one such provision (see ICCPR A.14 (2)).

A. 11 (1) is

A

group

of

law international

a

wrote experts

compendious statement of the position relating to permissible

limitations

the ICCPR titled "Siracusa Principles on the

Limitation and Derogation Provisions in the ICCPR" (1985) 7

Therein are stated, inter alia,

on

Human Rights Quarterly 3-14.

the

Interpretative "General

Principles Relating to

the

Justification of Limitations" and the "Interpretative Principles

Relating to Specific Limitation

Clauses".

In addition to

considering Mr. Fung's submissions, I have referred to these principles in detail as a guide to whether any limitation that

is to be put on the interpretation of A.11(1)

that I find

as regards S.46

none of the

permissible

may be justified. limitations and derogations stated therein applies to A.11 (1) as

I have also taken into consideration what has

evidence and other stated above as regards viva

unsatisfactory consequences that arise because of S.46.

regards S.46.

been

by

Mr.

Fung.

voce

purpose

I find

that any restriction on the interpretation of A.11 (1) as regards S.46 is not necessary and would not pass the tests referred to

" for the

of unlawful Possession

trafficking therein" can be proved by inference drawn from the surrounding circumstances of the possession; for example, the presence of a large quantity of dangerous drug, a large number of polythene bags or small segments of drinking-straw, weighing scales with traces of dangerous drug, sealing equipment and so These circumstantial evidence are quite sufficient to provide the trier of fact with the necessary basis where from the

forth.

1

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