CUNFIDENTIAL

7

7

Q.15

Review of

Ordinance

legislation.

Does it cover Públic Order

peaceful assembly] [Societies

Ordinance

freedom of

association] (Film Censorship

Ordinance

A.15

freedom of expression], etc, etc?

Aim of the review is to identify any existing legislative provisions which may not be fully compatible with the ICCPR. To this extent, existing provisions having a bearing on (peaceful assembly, etc) will be reviewed.

Q.16

Review of existing legislation.

time-table?

A.16

Q.17

A.17

Progress?

Any

Aim of course is to deal with the doubtful provisions as soon as possible and in any event within the limited freeze period. [To note that the freeze period does not apply to administrative practices, etc.]

External supervision after 1997. Extension of Optional Protocol to HK?

What can be done?

The two Covenants are

international agreements. Their continued application HK beyond 1997 is required by the J.D. The way in which this will be achieved is a matter for the JLG to consider under JD 156 and JD 178. Possible extension of the Optional Protocol to HK is also something to be considered (separately and later). [Suggest we avoid mentioning Article 40 and 41 of the ICCPR which provide for external supervision in terms of reports to the UNHRC and state-to-state complaints. These are matters which have yet to be raised with the Chinese.]

CONFIDENTIAL

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