由此
- 13 -
A
B
C
D
E
investigation into criminal offences”. Needless to say, any such law must
satisfy the principle of legal certainty and be proportionate.
35.
The Basic Law gives effect to the basic policies of the
People’s Republic of China regarding Hong Kong which was formally
A
B
C
D
E
expressed in the Joint Declaration. In para. 3(5) of the Joint Declaration,
F
G
the Central Government declared as a basic policy regarding Hong Kong
that:
G
“…Rights and freedoms, including those of the person, … of
correspondence, … will be ensured by law in the Hong Kong
Special Administrative Region …”
H
I
J
F
H
I
36.
In Annex I to the Joint Declaration which elaborated the
J
Central Government’s basic policies, Part XIII Basic Rights and Freedoms,
K
provides, inter alia, as follows:
“The Hong Kong Special Administrative Region Government
shall maintain the rights and freedoms as provided for by the
laws previously in force in Hong Kong, …
L
M
……
The provisions of the International Covenant on Civil and
Political Rights and the International Covenant on Economic,
Social and Cultural Rights as applied to Hong Kong shall remain
in force.”
N
O
P
Q
R
S
37.
We regard the submission that Article 30 should be read as
cutting down on the protection provided by Article 39 as misconceived.
38.
It follows that, in our view, any restrictions on the
fundamental rights must be prescribed by law. The Executive Order is not
K
L
M
N
O
P
Q
R
S
law. The first declaration was rightly made.
T
T
U
U
V
V