Court right

PUBLISHED : Saturday, 03 April, 1999, 12:00am
UPDATED : Saturday, 03 April, 1999, 12:00am

I am pleased that the Court of Appeal has ruled that the law against burning or defacing the SAR or the Chinese national flags was unconstitutional.


In a civil society, the right to free expression should be given the greatest protection by the constitution. In Hong Kong's case, this has been done by entrenching the International Covenant on Civil and Political Rights (ICCPR) into the Basic Law which itself is a constitutional document.


While it is true that the international convention is not enforceable in local courts, we have to remember that the ICCPR is binding in the sense that it has been entrenched into the Basic Law and Hong Kong courts do have the duty to interpret the ordinances so they conform with the standards set by the ICCPR.


Therefore, the position of those who tried to attack the court's ruling or play down the significance of the binding effect of the ICCPR is untenable and the honourable thing for the Government to do is to withdraw its appeal.


JEROME YAU Vancouver British Columbia, Canada