2.6
2.7
Urgent Business: Hong Kong, Freedom of Expression and 1997
mean that freedom of expression may be restricted for the protection of the People's Republic of China - the nation - even if the security of Hong Kong itself does not warrant such protection. To settle this ambiguity, the wording "national security" should be amended to read the "security of Hong Kong".
[Section 3.1.3]
Similarly, Section 5 of the Bill of Rights which permits derogation from the right to freedom of expression in times of emergency which threaten "the life of the nation" also needs to be amended to read "the life of Hong Kong".
[Section 3.2.1]
The reservation entered under section 13 preventing Article 21 of the Bill of Rights from being used to require the setting up of a directly-elected legislature should be reviewed (see also recommendation 1.5 above).
[Section 3.2.2]
3. OTHER MEASURES TO PROTECT FREEDOM OF EXPRESSION
3.1
3.2
Other measures which would further aid the protection of human rights under the Bill of Rights, and which need to be implemented, are the setting up of an independent Human Rights Commission to oversee the application of the Bill, the creation of an independent Legal Aid Unit, and the broadening of financial and other criteria for qualification for legal aid in cases concerning human rights.
[Section 3.4]
The Executive Council should proceed as quickly as possible to complete incorporation of Radio Television Hong Kong in order to protect its editorial independence.
[Section 5.2.3]
3.3
China should, as a matter of urgency, remove the seven regulations issued by the Hong Kong and Macau Affairs Office which restrict the reporting freedom of Hong Kong journalists on the mainland and, in addition, cease interference with journalistic freedom in Hong Kong.
[Chapter 6 and Section 6.3.1]
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