"un awful" interference with the freedom of the person and the inviolability of the home, a very limited restriction in an instrument intended to restrain the Legislature as well as the Executive; it was not until the February 1989 text appeared, that "arbitrary" interference was also prohibited. The PRC Constitution also confers rights on citizens only; similarly, the rights in this Chapter of the Basic Law are confined to "residents"; the rights of non-residents are to be left to the Legislature. There is one significant difference between this part of the Basic Law Chapter and the PRC Constitution; the duty of husband and wife to practise family planning in the latter is replaced by a provision that "The freedom of marriage of Hong Kong residents and their right to raise a family shall be protected by law"[57]
35. The enumeration of specific rights is followed by an article dealing with the International Covenants as follows:
"The provisions of the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and international labour conventions as applied to Hong Kong shall remain in force and shall be implemented through laws of the Hong Kong Special Administrative Region.
"The rights and freedoms enjoyed by Hong Kong Residents shall not be restricted unless prescribed by law. Such restrictions shall not contravene the provisions of the preceding paragraph of this Article".
· [58]
This article has been considered principally in the context of the International Covenant on Civil and Political
34
Page 120Page 121