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14 June 1989]
MINUTES OF EVIDENCE TAKEN BEFORE
[Continued
considerations will apply to the air services relationship between Hong Kong and the rest of the PRC after 1997.
10. Negotiations on the bilateral relationship between the UK and Hong Kong concluded with agreement in February 1989 on a new package providing inter alia for parity of frequencies for UK and Hong Kong airlines.
11. Scheduled services between Hong Kong and China are currently regulated by the Confidential Memorandum of Understanding on regional routes associated with the 1979 UK/PRC ASA. It has been supplemented by seasonal inter-airline commercial agreements concerning services between Hong Kong and Peking and Shanghai, and by inter-Governmental arrangements on service to Peking concluded in November 1985. UK/PRC negotiations are currently in progress, with a further round of talks having begun on 11 April 1989. These negotiations will include discussion of revised Hong Kong/PRC air services arrangements.
HUMAN RIGHTS IN HONG KONG (HK107)
Supplementary Memorandum submitted by the Foreign and Commonwealth Office
BACKGROUND
1. In 1976 Her Majesty's Government ratified the International Covenant on Civil on Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) with certain reservations', and extended the Covenants to 10 British dependent territories including Hong Kong.
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APPLICATION OF THE COVENANTS
2. There are no particular provisions in the Covenants prescribing how effect should be given to them. Article 2(2) of the ICCPR states that, "Where not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary steps... to adopt such legislative or other measures as may be necessary to give effect to the rights recognised in the present Covenant."Article 2(1) of the ICESCR has a similar provision that reads "each State Party to the present Covenant undertakes to take steps ... with a view to achieving progressively the full realisation of the rights recognised in the present Covenant by all appropriate means, including particu- larly the adoption of legislative measures”.
3. At present, the two Covenants are implemented in Hong Kong, as they are in the UK, through a combination of common law, legislation and administrative rules. Thus, for example, Article 10 of the ICESCR (substantially repeated in Article 23 of the ICCPR) declares that the family is the natural fundamental group unit of society; marriage is to be entered into freely; special protection should be afforded to mothers before and after child birth and special measures of protection should be taken on behalf of children and young persons including limits on their employment. Various Ordinances including the Marriage Ordinance, the Employment Ordinance and the Protection of Women and Young Persons Ordinance give effect to this article in Hong Kong. Article 9 of the ICCPR provides that everyone has the right to liberty and security of person; no one shall be subjected to arbitary arrest or detention and any one arrested or detained on a criminal charge shall be entitled to trial within a reasonable time. The common law remedies relating to habeas corpus and false imprisonment ensure the availability of these rights in Hong Kong. Further, in addition to legislative provisions, the Police General Orders, which are administrative rules, set limits on the powers of police officers, for example, to stop and search for offensive weapons. Article 17 of the ICCPR provides inter alia for protection against unlawful attacks on an individual's honour or reputation. This is covered by the common law governing libel and slander. Article 26 of the ICCPR is concerned with equality before the law. this right has been guarded jealously by the legal profession and practice directions, issued by the Chief Justice, are important administrative rules which give effect to this article.
4. This system of protecting human rights through various complementary means is not static, but is constantly evolving through new legislation, developments in common law and equity and refinement of administrative practices. Legislation and rules are kept under constant review so that any remaining inadequacies may be exposed and remedied, and positive improvements made. The system has worked well and Hong Kong has a good record on human rights.
The reservations applicable to Hong Kong relate to legislation on equal pay for equal work for both sexes, federation of trade unions, representative government, and appeal against the authority's decision on deportation.