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*AYATENES
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Statement on the Position of the
Hong Kong Government
Covenant on Civil and Political Rights
Article 1
The circumstances of Hong Kong are special and prohibit any constitutional progress on the path customarily followed by other dependent territories.
Article 2
The Immigration Ordinance 1971 which came into operation on 1st April 1972 confers the "Right to Land" on three categories of persons:
(a) a "Hong Kong belonger"
(i)
a British subject born in Hong Kong;
(ii)
a British subject by naturalisation in Hong Kong;
(iii)
(iv)
a British subject by registration in Hong Kong under section 7(2) of the British Nationality Act 1948;
a British subject who is or has been married to, or is the child of, a person covered by (i), (ii) or (iii) above.
(b) a "Resident United Kingdom belonger":
(i)
(ii)
a person who is a citizen of the United Kingdom and Colonies by virtue of his birth, adoption, naturalisation or registration in the United Kingdom, who has at any time been ordinarily resident in Hong Kong for a continuous period of not less than seven years;
the wife and child of a person covered by (b)(i) above who has at any time been ordinarily resident in Hong Kong for a continuous period of not less than seven years.
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(c) a "Chinese resident":
This is a person who is wholly or partly
of Chinese race and who has at any time been ordinarily resident in Hong Kong for a continuous period of not less than seven years.
Under the law, the onus of proof of claiming such right to land lies on the person concerned. Persons under category (a), are exempt from deportation under any circum- stances. The latter two categories are protected from being deported from Hong Kong, save in very limited circumstances.
Article 3
Under the Married Persons Status Ordinance,
which came into effect on 7th October 1971, the position of married persons of either sex was largely equated. The Ordinance consolidated a number of existing provisions and also contained additions and amendments to the law. Amongst these amendments were provisions abolishing all restraint upon anticipation and alienation, past or future, purporting to attach to the enjoyment of any property by a woman which could not be attached to the enjoyment of that property by a man. In addition, it was provided that a married woman, whether an infant or not, can appoint an attorney on her behalf for the purpose of executing any deed or doing any other act which she may execute or do.
The Intestates' Estate Ordinance, which came into effect in October 1971, has abolished the inequality between males and females in rights of succession to estates and gives a widow and a female child rights of inheritance on intestacy.
Article 6
It is confirmed that the imposition of the death penalty is in conformity with the provisions of this article.
Article 7
The law provides that corporal punishment may be awarded for some specified offences. But no one is subjected to any torture or to cruel,
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inhuman or degrading treatment or punishment, nor is anyone subject to medical or scientific experimentation.
Article 9
The operation of Regulation 34 of the Emergency (Principal) Regulations, concerning declaration of special areas and duties of persons thereon, was discontinued on 13th March 1969.
The operation of the following regulations of the Emergency (Principal) Regulations was discontinued on 16th June 1969:
(i) Reg. 29(1)
(ii) Reg. 30
(iii) Reg. 31
Arrest and power to detain
suspected persons.
Arrest of persons suspected of being liable to detention.
Power to order detention.
The Deportation of Aliens Ordinance was repealed on 1st April 1972 by the Immigration Ordinance, which makes provision for the detention of a person on a warrant pending consideration of the question of his deportation or his removal. The Ordinance also provides for any person aggrieved by any decision, act or omission under this Ordinance to lodge an objection to the Governor or the Governor in Council, depending on the circumstances.
The law provides for compensation for unlawful arrest or detention, in that an aggrieved party may take an action in damages for false imprisonment.
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Article 10
Accused juveniles are kept in remand homes which cater for young people only. They are entirely separated from adults.
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