TNAG-2668-FCO40-3865-Hong-Kong-Civil-Service-1993 — Page 16

CONFIDENTIAL

Article 21

3.

Article 21 of the BOR provides:

"Every permanent resident shall have the right and the opportunity, without any of the distinctions mentioned in article 1(1) and without unreasonable restrictions-

(a)

(b)

(c)

to take part in the conduct of public affairs, directly or through freely chosen representatives;

to vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors;

terms of

to have access, on general equality, to public service in Hong Kong."

Article 1(1) provides:

"The rights recognized in

Rights shall be enjoyed without distinction

this Bill of

colour, sex,

social

or othet origin,

political religion,

of any kind, such

as race,

language,

opinion,

national or

property, birth or other status."

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Approach to construction

4.

In interpretating the BOR, the Court's task is to ascertain the intention of the Legislature as expressed in the Bill.

But the BOR is a constitutional document

and should be

See the

given a generous and purposive interpretation. decisions of the Court of Appeal in R. V. (1992) 1 HKCLR 127 at 139-141, 154, Tam Hing-vee v. Wu Tak

Wai (1992) 1 HKLR 185 at

at 189, R. v. The Securities and

Futures Commission Ex parte Lee Kwok Hung Civil Appeal No.7 of 1993 at 7. In interpretating and applying it, regard shall be had to the fact that the purpose of the Ordinance

of Appeal in R. v. Sin Yau Ming

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