6) Exemptions:
We
oppose giving any government departments institutions because
by
ΟΙ
non-government
of individuals exemption from the Bill
that would render the whole exercise
or think we
Rights of
safeguarding human rights meaningless. Thus we were encouraged the unequivocal statement by the Governor, Sir David Wilson, that the Bill covers the whole society, and there is no question of law enforcement agencies being exempted from it.
We
and disturbed
surprised are
from by suggestions
the Independent Commission Against Corruption (ICAC) that it should be exempted from the Bill, and be allowed to continue to exercise the extensive powers it currently enjoys, even if such powers contravene the Bill of Rights.
We are surprised because the British government has consistently maintained to the United Nations Human Rights Committee since the committee first held hearings on Hong Kong in August 1979 that "the United Kingdom government had satisfied itself that the laws in force in the Territories concerned were consonant with the Political of the International Covenant on Civil and provisions Rights."
This position, on compliance with the ICCPR, was repeated when the British government again reported to the United Nations Human Rights Committee on behalf of Hong Kong in November 1988, and then last year, with the submission to the United Nations of a third periodical report on Hong Kong. Such a view was put across despite the fact that the HKJA and other organisations concerned with human rights have pointed out to the United Nations Human Rights Committee that there are a number of outdated and draconian laws in Hong Kong which are in breach of the ICCPR.
We
if because, are disturbed by the ICAC's claim for exemption granted, it would make a mockery of the Bill of Rights and would encourage other government departments and non-governmental bodies to follow suit. If that were to be permitted, the whole Bill would be in tatters.
[
Of particular concern to the HKJA is section 30 of the Prevention of Bribery Ordinance, which prohibits the unauthorised disclosure
· of identities of people under ICAC investigation, or details of such investigations. We think such a prohibition is in breach of article 16 in the draft Bill.
7) Review of current legislation:
We expressed our views on laws which may be inconsistent with the ICCPR in our letter to the Chief Secretary, referred to above. The laws relate largely to article 16 in the draft Bill, although there are other areas of concern. For your reference, we enclose a copy of that letter.
P.6