TNAG-2553-FCO40-3728-Hong-Kong-Bill-of-Rights-review-of-legislation-1992 — Page 11

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

CONTENTS

TABLE OF STATUTES CONSIDERED

TABLE OF CASES.............

CORRECTIONS AND CLARIFICATIONS....

EDITORIAL...

APPLICATION OF THE BILL OF RIGHTS

iv

vii

viii

1

In in

5

5

6

COMMENCEMENT AND "RETROSPECTIVE" OPERATION OF THE BILL OF

RIGHTS; "EXTRA-TERRITORIAL" OPERATION

Attorney General v Lorrain Osman (letter of request, retrospective

and extra-territorial operation of Bill of Rights).

R v Li Kwok Wa (retrospective operation of Bill of Rights)

INTERPRETATION of the Bill of Rights...................

R v Yiu Chi Fung (relevant sources for interpreting

Bill of Rights and their weight) ........

ADOPTION OF A CONSTRUCTION CONSISTENT WITH THE Bill of RigHTS Ordinance; REPEAL "TO THE EXTENT OF THE INCONSISTENCY"

R v Lau Shiu-wah (reading down, "until the contrary is proved") ...

R v Yiu Chi Fung (reading down, "red pencil" test).

"PRE-EXISTING LEGISLATION", "LEGISLATION THAT CAN BE AMENDED BY AN ORDINANCE"

United States of America v Johnny Eng (amendment of UK

legislation and orders in council)....

APPLICATION TO PROCEEDINGS BETWEEN PRIVATE INDividuals (ss. 3 and 7)

77

7

Tam Hing-yee v Wu Tai-wai (prohibition orders).. Sun Ching-yee v Wong Shum (prohibition orders).... Duty Free Shoppers Hong Kong Limited v Wong Kwong Pong

(civil proceedings, self-incrimination).......

8

9

9

10

Hong Kong Stationery Manufacturing Co. Ltd v Worldwide Stationery Manufacturing Co. (copyright, evidence)

GUARANTEE OF FREEDOM FROM TORTURE AND OTHER ILL TREATMENT AND HUMANE TREATMENT OF PERSONS DEPRIVED OF THEIR LIBERTY (ARTICLES 3 AND 6); REMEDIES

United States of America v Johnny Eng (extradition, mandatory

sentences)....

11

Bill of Rights Bulletin

December 1991

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.