- 5-

Art.

Draft MBL

Art.

HKBL

1

No reference to ICCPR and ICESCR, though it is partially covered by Art. 25 and 28.

39 (1)

Two international covenants, the ICCPR and the ICESCR, shall be implemented in Hong Kong.

the

Remarks

international

human

rights

covenants (see below).

The application

of the

two

covenants

is

not for

in Sino-Portuguese

provided the

JD.

28

Refers to residents'

right to

28

apply for habeas corpus.

Does

corpus.

not mention habeas

Habeas is

corpus

a

well-established

feature

under

common

which

law, applies

to IIK.

-

Refers

to

prohibition of

Refers

to

prohibition

torture

or inhuman treatment of

torture

or arbitrary

residents.

residents' lives.

of

Reference

to

or

inhuman

unlawful deprivation of

the

treatment

not

necessary

in

HKBL28 because

is

there

already

protection

under Art. 7 of

ICCPR

as

applied to HK.

Right to life not expressly protected

MBL.

in

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