The Hon. Francis Maude M.P.
Minister of State for
Foreign and Commonwealth Affairs
Government House
Lower Albert Road
Hong Kong
24th July 1990
Dear Mr. Maude,
In the past months attention has been focused on the human rights situation in Hong Kong. The proposed Bill of Rights has revealed that many existing laws are incompatible with international human rights standards. More recently many among us have been disturbed by the prosecution of democratic activists for the use of loudhailers and collecting money without a permit. We are puzzled why a few have been singled out when so many others doing the same have been left unscathed for years. This makes the Bill of Rights very important for the confidence of Hong Kong people and the stability of the territory.
Unfortunatley the proposed Bill of Rights leaves part of our expectations unfulfilled. Annex I of the Joint Declaration states that 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. However the Bill of Rights before the Legislative Council does not make any reference to the International Covenant on Economic, Social and Cultural Rights leaving a major part of international human rights standards unprotected. We are anxious to see the provisions of this Covenant peomoted by all appropriate means, including legislative measures either in the present Bill or in separate legislation.
Both Covenants stipulate that the states parties to them submit reports on the measures they have adopted to protect and promote human rights to the United Nations. As far as Hong Kong is concerned this is presently done by the government of Great Britain. As China is not a signatory to the Covenants, the Chinese government is under no obligation to submit reports and there will not by any international monitoring of the human rights situation through the United Nations after 1997. We would like to know what measures the British government proposes to give effect to these provisions of the Covenants.
We welcome the proposed amendment of the Letters Patent so that the supremacy of the Bill of Rights can be guaranteed. I would be desirable that changes to the Letters Patent take effect simultaneously with the introduction of the Bill of Rights and would be interested to know whether there is any timetable for the amendment.
It is our impression that the vies of the Hong Kong people on human rights have not been reflected adequately to the governments of Great Britain and China. We hope that during your visit you will be able to