Mr Crowe
CONFIDENTIAL
3
17. Stwork (Hong Kong Deal
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HUMAN RIGHTS: HONG KONG
1. Your circular minute of 15 February refers.
General Observations
2. Hong Kong is a Crown Colony and the Secretary of State for Foreign and Commonwealth Affairs is responsible to Parliament for the Government of Hong Kong. The Constitution is contained in Letters Patent and Royal Instructions issued the Governor of Hong Kong. The Governor has wide powers under the Constitution, including the power to make laws for the "peace, order and good government of the Colony" The Crown reserves the power of disallowance in respect of all Ordinances enacted in Hong Kong and to legislate for the Colony by Order-in-Council. The UK Parliament also has power to legislate for Hong Kong by Act of Parliament. In practice, no post-war British Government has exercised the power to legislate for Hong Kong.
Right No.
(i) (ii)
B.
There is no imprisonment without trial. There is no use of torture, mut
(iii) There is no slavery.
(iv)
There are no restrictions on freedom of
speech. The Hong Kong Government owns its own broadcasting station through which it can put forward the Government view on matters of public interest.
(v) The judiciary is appointed by the Governor.
Although judges are official Government servants and therefore formally part of the executive, the judiciary operates independently from the executive. There are no restrictions on freedom of
association, including the right to form and join trades unions. (Previous instructions on trades union office holders are being relaxed.)
(vi)
(vii) There are no restrictions on freedom to
emigrate.
16 February 1977
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Rating Suggested
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Stewart
Hong Kong Department
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CONFIDENTIAL
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