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It is well known that the secretariats of both the BLDC and BLCC kept detailed records (although not verbatim records) of all the proceedings surrounding the drafting and consultation processes. These records have always been treated as classified, and a full set has never been made a public record. 55 However, the same cannot be said for the BLDC records, particularly those of the subgroups. 56 One might argue that given the current state of public accessibility categorically there should be no reference to the legislative history (even to those parts which are publicly accessible) because one is unable to know if there might be inaccessible material that could undermine or qualify an otherwise clear intention.
The BLDC established the Basic Law Consultative Committee (BLCC), a local body made up exclusively of 180 Hong Kong members drawn from various sectors and strata in Hong Kong. The BLDC began its work by agreeing on an architectural skeleton of the Basic Legislative History, Original Intent, & Interpretation of Basic Law • 25 Law. It formed five main subgroups that were responsible for drafting various parts of the Basic Law. Each subgroup had two co-convenors, one from the Mainland and the other from Hong Kong.
The dissenting judgment of Justice Bokhary went further and decided that the overall scheme of prior restraint was unconstitutional, including the criminal penalties. Nonetheless, the majority judgment makes a valuable contribution that arguably extends beyond the remedy granted at the conclusion of the case, which was to sever the words ordre public from the Public Order Ordinance. For example, the CFA emphasized that freedom of assembly is a fundamental right and that the commissioner of police must exercise his powers in such a manner that any restriction imposed upon demonstrators is no more than necessary to accomplish the relevant statutory legitimate purpose.
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