Application of the Covenants in the future
9. The Human Rights Committee expressed a particular interest in knowing how protection of human rights would be provided in Hong Kong in future. The Joint Declaration contains the following provision on the human rights Covenants:
"The provisions of the International Covenant on Civil and
Political Rights and the International Covenant on Economic, Social and Cultural Rights as applied to Hong Kong shall remain in force" (Last paragraph, Section XIII, Annex I).
Article 39 of the second draft of the Basic Law, released in
February 1989, states:
"The provisions of the International Covenant on Civil and
Political Rights, and the International Covenant on Economic, Social and Cultural Rights
as applied to Hong Kong
shall remain in force and shall be implemented through the laws of the Hong Kong Special Administrative Region.
The rights and freedoms enjoyed by Hong Kong residents shall not be restricted unless prescribed by law. Such restrictions shall not contravene the provisions of the preceding paragraph of this Article".
10. In addition, under Section 4 of Annex II to the Joint Declaration, the means by which the British and Chinese Governments will ensure the continued application of the international rights and obligations affecting Hong Kong is a matter for consideration in the Joint Liaison Group and its sub-group on International Rights and Obligations. It is essentially a question of how best the People's Republic of China can succeed in 1997 to the treaty rights and obligations which are at present vested in or incumbent upon the UK, in respect of Hong Kong, under the Covenants.
11.
Section XIII of Annex I to the Joint Declaration also specifies inter alia that "the Hong Kong Special Administrative Region Government shall maintain the rights and freedoms as provided for by