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Subject: Police Action Legitimate or Not?


Author:
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Date Posted: 17:45:41 04/03/04 Sat

Art 27 of Basic Law stated that we have the right to assembly, but Art 18(2) of the Bill of Rights Ordinace (1991) stated that the police can exercise the power to protect public order/safety/national defence...(same as Art 22 of International Convenant on Civil & Political Rights). Then, the right to assembly in Art 18(1) is restricted. Could we say the Police Action was valid?!

Art45 stated that CE will be slected by universal suffrage in the light of ACTUAL situation of HK . The timing is stated in Appendix I s7 --after 2007. Three requirements have to be fuffilled: (1) CE approval (2) 2/3 votes of Legco (3) APPROVAL of National People's Committee of China. However, in Art 158, the right to interpret Basic Law lies in the hand of China(NPC). Now that the timming is interpreted,could we say it is legitimate ? Reasonable? There is nothing we can say by virtue of the provision of Basic Law.

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