A key element in the Joint Declaration is the protection it affords
to the basic rights and freedoms of Hong Kong people. The Joint Declaration specifies for example, that the future "Hong Kong
Special Administrative Region Government shall maintain the rights
and freedoms as provided for by the laws previously in force in Hong
Kong, including freedom of the person, of speech, of the press, of
assembly, of association, to form and join
form and join trade unions, of
correspondence, of travel, of movement, of strike, of demonstration,
of choice of occupation, of academic research, of belief,
inviolability of the home, the freedom to marry and the right to
raise a family freely". These provisions are fully reflected in the
latest draft of the Basic Law.
The latest draft of the Basic Law also prohibits arbitrary arrest
and search, and torture. It provides that the laws of Hong Kong
should implement the International Covenant on Civil and Political
Rights and the International Covenant on Economic Social and
Cultural Rights. It also stipulates that any restrictions imposed
on human rights in Hong Kong must not contravene the Covenants as
applied to the territory. At present, these Covenants are given
effect in Hong Kong by a combination of statute law, common law and
administrative regulations. As I recently told the Foreign Affairs
Committee, the Hong Kong Government are currently considering
whether these laws
and regulations should be codified by the
introduction of a Bill of Rights.
In addition, under the Joint Declaration and the Basic Law, Hong Kong will continue to operate a different legal and judicial system
from the rest of China, which will allow the continuation of the
existing common law system. The Court of Final Appeal will be located in Hong Kong. The Basic Law specifies only six items of mainland Chinese legislature to be applied in Hong Kong: these relate to such matters of national sovereignty as the flag, national
anthem and nationality law.