amnesty international
INTERNATIONAL SECRETARIAT, 1 Easton Street, London WC1X 8DJ,
United Kingdom.
THE DRAFT HONG KONG BILL OF RIGHTS ORDINANCE 1990
MEMORANDUM FROM AMNESTY INTERNATIONAL DATED JUNE 1990
1. INTRODUCTION
This memorandum reviews the Draft Bill of Rights Ordinance proposed in March 1990 by the Government of Hong Kong. The Draft Bill of Rights incorporates many of the provisions of the International Covenant on Civil and Political Rights.
This memorandum first traces the background of the Draft Bill of Rights. Second, the memorandum examines the Draft Bill of Rights in light of the human rights concerns within Amnesty International's mandate. Amnesty International is limited by its mandate to comment only on those issues which are relevant to its work for prisoners of conscience, fair trials and against torture and the death penalty.
The Government of the People's Republic of China and the Government of the United Kingdom agreed in Annex 1 to their Joint Declaration, which came into force on 27 May 1985, that: "The provisions of the International Covenant on Civil and Political Rights as applied to Hong Kong shall remain in force" when the People's Republic of China assumes sovereignty over Hong Kong in July 1997.
The People's Republic of China introduced the Basic Law of the Hong Kong Special Administrative Region (HKSAR), which was adopted in April 1990 by the National People's Congress.
The Basic Law of the HKSAR will serve Hong Kong beginning in July 1997.
The Basic Law states in Article 18: "The laws of the HKSAR shall be this law, the laws previously in force in Hong Kong as stipulated in Article 8 of this law, and the laws enacted by the legislature of the HKSAR".
If adopted in 1990, the Bill of Rights will be a law "previously in force" in July 1997, when the Basic Law takes effect. The Bill of Rights attempts to fill in the gaps left by the Basic Law in clarifying how the International Covenants will "remain in force" in Hong Kong after July 1997, as the People's Republic of China is not party to the Covenants. United Kingdom, including Hong Kong, is presently a party to the International Covenants.
The
The Basic Law was partially based on the International Covenant on Civil and Political Rights, with several significant exceptions. Amnesty International reviewed two drafts of the Basic Law, and suggested that they
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Amnesty International is an independent worldwide movement working impartially for the release of all prisoners of conscience, fair and prompt trials for political prisoners and an end to torture and executions. It is funded by donations from its members and supporters throughout the world. It has formal relations with the United Nations. Unesco, the Council of Europe, the Organization of African Unity and the Organization of American States.