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Post-1997
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10.
Tt
is an accepted rule of statutory interpretation
that where The literal meaning of a general provision
covers a situation for which specific provision is made by
another provision within the same Act or instrument, it is
presumed that the situation was intended to be dealt with
by the specific provision. In other words, special
provisions override general ones covering the same subject
matter.
11.
It follows, in my view, that Article 39 of the
Basic Law must give way to Article 67. After 1 July 1997,
it will not matter in domestic legal terms whether Article
67 is inconsistent with the ICCPR as applied to Hong Kong.
The latter will owe its status in Hong Kong law to BL39.
But. as a creature of the Basic Law, the TCCPR cannot be
applied domestically in a manner which is inconsistent with
that haw
specifically, BL67: the stream cannot rise above
its source.
12.
T have no doubt. whatever, therefore, that the
Chinese could, in your words, "implement BL67 without
having to first amend BL39".
There is no conflict to
resolve: BL67 speaks for itself and BL39 must be read
subject to it.
13.
me know.
те T can
be of any further assistance please let
:
(T Deane)
ASG
26 August 1993
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