Article 16 of the Bill of Rights protects the freedom of opinion and expression of everyone.
Question One
a)
Article 16 of the Bill of Rights protects the freedom of opinion and expression of everyone. Also according to the Article 27 of the Basic Law, “Hong Kong residents shall have freedom of speech, of the press and of publication; freedom of association, of assembly, of procession and of demonstration; and the right and freedom to form and join trade unions, and to strike.” This means that the freedom of Hong Kong residents in doing the above acts should not be restricted. So, if a particular law offenses the freedom given by the Article 27 of the Basic Law, it contravenes with the Basic Law.
Though the freedom of expression of everyone is protected by the above laws, Article 16 pf the Bill of Rights stated that the exercise of the rights provided by this article carries with its special duties and responsibilities. This means that even when someone enjoys the freedom of expression, he or she still needs to follow certain rules. If someone breaks the rules, he or she no longer enjoys the freedom of expression. The special duties and responsibilities that is need to bear is: i) To respect the rights or reputations of others. For example, if someone (named Mr. A) made some speech to slander someone else (named Mr. B), Mr. A is no longer protected by the freedom of expression. So if a law prohibits people from using any acts to defame or hurt the other’s right, the law is not violating the freedom of expression of people. For example, if there is a law that punishes people for slandering others, the law doesn’t violate the freedom of expression. Though it makes people cannot talk freely, it gives no restriction to people’s freedom of expression as it only punishes people who defames others’ reputation. So there is no contradiction between the law and the freedom of speech. This is because the person who is defaming the other is no longer protected by the freedom of expression, the punishment and law is then valid. ii) To protect the
a)
Article 16 of the Bill of Rights protects the freedom of opinion and expression of everyone. Also according to the Article 27 of the Basic Law, “Hong Kong residents shall have freedom of speech, of the press and of publication; freedom of association, of assembly, of procession and of demonstration; and the right and freedom to form and join trade unions, and to strike.” This means that the freedom of Hong Kong residents in doing the above acts should not be restricted. So, if a particular law offenses the freedom given by the Article 27 of the Basic Law, it contravenes with the Basic Law.
Though the freedom of expression of everyone is protected by the above laws, Article 16 pf the Bill of Rights stated that the exercise of the rights provided by this article carries with its special duties and responsibilities. This means that even when someone enjoys the freedom of expression, he or she still needs to follow certain rules. If someone breaks the rules, he or she no longer enjoys the freedom of expression. The special duties and responsibilities that is need to bear is: i) To respect the rights or reputations of others. For example, if someone (named Mr. A) made some speech to slander someone else (named Mr. B), Mr. A is no longer protected by the freedom of expression. So if a law prohibits people from using any acts to defame or hurt the other’s right, the law is not violating the freedom of expression of people. For example, if there is a law that punishes people for slandering others, the law doesn’t violate the freedom of expression. Though it makes people cannot talk freely, it gives no restriction to people’s freedom of expression as it only punishes people who defames others’ reputation. So there is no contradiction between the law and the freedom of speech. This is because the person who is defaming the other is no longer protected by the freedom of expression, the punishment and law is then valid. ii) To protect the