The CP is a weaker guarantee than the plan
Frances H. Foster 98, Professor of Law, Washington University School of Law. A.B., Princeton University, 1977; M.A., J.D., Yale University, 1981; J.S.D., Stanford University, 1987, “The Illusory Promise: Freedom of the Press in Hong Kong, China” 73 Ind. L.J. 765, Summer 1998, Lexis
Both the English-language and Chinese-language texts of the Joint Declaration use the broad phrase "rights and freedoms" to refer to a lengthy list of protected liberties. As a result, it is unclear whether Paragraph 3(5) guarantees Hong Kong's press a "right" or only a "freedom." This ambiguity has important implications in translation.
In Chinese, the terms quanli ("right") and ziyou ("freedom") have distinct meanings and legal effects. At best, "freedoms" are subordinate to "rights." As one Hong Kong commentator has explained:
If one has the "right" to do something, other people must respect his actions. On the contrary, if one is "free" to do something, there may be no obligation by third parties to respect his actions; he, in fact, may have to respect others' freedoms as well in doing what he wants. 36
Under this definition, "freedom of the press" is a weaker guarantee than "right of the press." As a "freedom," it would necessarily entail limitation, including legal restraint, to prevent infringement of other people's freedoms. 37 In theory at least, 38 a "right of the press," in contrast, could be restricted only in the most exceptional case.