Page:Hong Kong Basic Law consultation report vol. 1.djvu/128

 Persons in the Hong Kong Special Administrative Region other than Hong Kong residents shall, in accordance with law, enjoy the rights and freedoms of Hong Kong residents prescribed in this Chapter.

View:

( 1 ) A member noted that there was possible inconsistency between this article and Article 39. For Article 39 provides that the two international covenants shall be applied in Hong Kong and the covenants safeguard the fundamental rights, whereas Article 41 provides that persons other than Hong Kong residents shall "in accordance with law" enjoy the rights and freedoms of Hong Kong residents prescribed in this chapter and the meaning of "in accordance with law" is not clear.

Article 42

Original text:

Hong Kong residents and other persons in Hong Kong shall have the obligation to abide by the laws in force in the Hong Kong Special Administrative Region.

Views:

( 1 ) A member noted that this chapter was on the rights and duties of residents but all the articles except this article under this chapter were on rights. He therefore maintained that this article was necessary.

( 2 ) A member held that the provision that Hong Kong residents have the obligation to abide by law could be used a means to take away the legal rights of those who are alleged to contravene the law. Objections raised to this article have been ignored without any explanation as to why this provisions is required when every law provides its own sanction for non-observance.

Suggestions:

( 1 ) A member suggested that the provision "but not the obligation to render military service" be added at the end of this article. However, another member held that the provision did not need to be in this article as long as it was laid down somewhere in the Basic Law, such as Chapter II on the relationship between the Central Authorities and the HKSAR.

( 2 ) A member proposed deleting this article.

Reason: This article concerns the fundamental right of Hong Kong residents. This could be used as a means to make Hong Kong residents obey the laws of China as the Chinese Constitution provides for the duties of