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

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