06-22-90 12:50
234 POT
that the public emergency in Hong Kong endangers the life of the PRC, that is, threatens to spill over the borders of Hong Kong and affect the national sovereignty of Chi- na, and is beyond the control of the SAR government; and (2) an official PRC decree that "the relevant national laws" to be applied in Hong Kong during the emergency would not derogate from the provisions enumerated ás nonderogable in the ICCPR or otherwise contravene the specified limitations on derogation, including the enact- ment of any measures that discriminate on the grounds of race, colour, sex, language, religion or social origin. 6. INCLUDING THE RIGHTS GUARANTEED BY THE COVENANTS
The Draft Bill of Rights omits a number of fundamental rights that apply to Hong Kong through rati- fication by the UK of the ICCPR and ICESCR. In addition, certain reservations inserted in the Draft that incorpo- rate existing UK reservations should be deleted because they will no longer be applicable once the UK abdicates its control over Hong Kong.
First, the rights guaranteed in the ICESCR are omitted completely from the Draft Bill of Rights. The Commentary states that the provisions of the ICESCR are omitted because they are "different in nature from those in the ICCPR" and "in general, they are not rights that
13