比例原则在历史上是针对自由权的问题提出的,今天已经扩展至保护包括自由权和平等权在内的一切权利。但是,比例原则的结构没有发生根本性的改变,适用于法益冲突的各种情形。香港法院引入比例原则是通过解释限制基本权利的条款实现的,并在其内容上融合了不同国家判例的合理因素。 The principle of proportionality, which has historically been put forward on the issue of the right to freedom, has today expanded to protect all rights, including the right to freedom and equality. However, the structure of the principle of proportionality has not fundamentally changed and is applicable to all situations of conflict of interests. The principle of proportionality introduced by Hong Kong courts is achieved through the interpretation of the articles that restrict the basic rights and incorporates in its contents the reasonable elements of the jurisprudence of different countries.