should be willing and able to fulfil the duties and discharge the functions which [the
#3
government] imposes on them. This is tantamount to saying free election, freedom of
speech, freedom of assembly and of association, are fundamental liberties which are inherent
in any system of representative government.
To put these fundamental liberties down in written Constitution is, in principle, fairly easy
to accomplish. Certain "fundamental rights" are spelt out in the Hong Kong Bill of Rights,
which are faithful replica of the ICCPR. Article 9(1) of the ICCPR provides that "No one
shall be deprived of his liberty except on such grounds as are established by law". The
same is repeated in article 39 of the Basic Law.
"The provisions of the International Covenant on Economic, Social and Cultural
Rights, and international labour covenants as applied to Hong Kong shall remain in
force and shall implemented through the laws of the Hong Kong Special
Administrative Region.
The rights and freedoms enjoyed by Hong Kong residents shall not be restricted unless as
prescribed by law. Such restrictions shall not contravene the provisions of the preceding
paragraph of this article."
The last part of Article 39 is important, for otherwise the result would be as Dr. Nihal
*Jayawickrama suggested by that "it will be possible for the legislature [either before or after
1997] to prescribe by law, from time to time, on whatever grounds the government suggests,
and authorise whomsoever the government desires, be it the police, the Secretary for Security,
or the Commissioner of the ICAC, the Chief Secretary, the Attorney General, or the Vice-
Chancellor, to order the arrest and detention of any person for any length of time.
He
2
No comments yet.
Private notes are available after approval.