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2. Human rights provisions in Basic Law?
Johnslän
(INVERNESS)
18
(TOTTENHAM)
We welcome the provision in Article 38 of the draft Basic Law which stipulates that the provisions of the two International Covenants on Human Rights shall be implemented in the Hong Kong SAR. We are aware of criticisms in Hong Kong that other parts of the draft are inconsistent with Article 38, and in particular that Article 39 allows for greater restrictions to be imposed in Hong Kong than are permissible under the Covenants. It is by no means clear at this stage whether this is a matter of substance or a matter of drafting. Chinese officials have indicated that there is no intention to impose greater restrictions than exist at present. We think it should be possible to devise drafting improvements which will resolve this issue. But we shall continue to consider the point carefully in the light of the views expressed.
We have also taken note of the views of some commentators:
that the rights listed in Chapter III do not match up entirely with those in the Covenants;
that references in appropriate parts of this chapter of the draft Basic Law should be to "arbitrariness" rather
than to "unlawfulness";
that there should be express provisions - not merely referential ones for fair and public trial, and
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the presumption of innocence until guilt be proven; and that there should be provisions against discrimination
in the application of the law.]
I am sure that the Chinese authorities too will have been listening carefully to the points which have been made.
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