17.
Solicitor General
CONFIDENTIAL
Application of Optional Protocol, ICCPR
I wish to add my views to those of others
as to the importance and utility of this Protocol being made applicable to Hong Kong. Some of my comments flow from our experience in Canada, where the Protocol has applied since 1976. Until 1983 when I left the Department of Justice I was responsible for the branch which provided the legal input to reports under Article 40 of the ICCPR and to responses to complaints by individuals under Article 2 of the Protocol.
2.
What follows relates, of course, to the meaningful protection of human rights covered by the ICCPR and does not address the perceived difficulties in bringine about the application of the Protocol to Hong Kong.
3.
First, it should be observed that reports by states under Article 40 are quite distinguishable from Protocol remedies. Such reports are by definition of a general nature: Article 40, section 1 requires that they describe "measures" adopted by the states
to give effect to rights and "progress made in the enjoyment of those rights". They thus deal in general terms with laws, policies and programmes. To the best of my knowledge · (and I appeared for Canada before the Committee in Geneva on the presentation of our first report) members of the Committee do not raise questions in relation to individuals except possibly as an example of a general problem they perceive, or as a follow-up to a previous adverse statement under the Protocol of "views" of the Committee on a past individual complaint in respect
CONFIDENTIAL
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