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1334
HONG KONG
C. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Torture and other extreme forms of abuse are forbidden by law and subject to punishment. In July a bill to repeal the imposition of corporal punishment (flogging) was introduced in the Legislative Council. Authorities indicated that the decision had been reached on the basis of a review of Hong Kong's obligations under the U.N. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment, and the territory's proposed bill of rights.
d.
Arbitrary Arrest, Detention, or Exile
In
British legal protections and common law traditions govern the process of arrest and detention. However, Hong Kong's loitering law has been criticized by human rights groups. Under the law, loitering can be considered a criminal act. July the law reform commission, an organization appointed by the Governor, recommended that parts of the loitering law be repealed.
e. Denial of Fair Public Trial
Hong Kong's judicial and legal systems are organized according to principles of British constitutional law and legal precedents and feature, inter alia, an independent judiciary and trial by jury. The right to a fair trial is guaranteed and practiced.
£.
Arbitrary Interference with Privacy, Family, Home, or Correspondence
The right of privacy is generally respected and provided for by law. However, the extraordinary powers of the Independent Commission Against Corruption (ICAC) have been criticized by some human rights groups. The ICAC has independent authority to search premises and bank records, and it operates on the assumption that any excessive, unexplainable assets held by a civil servant are considered to be ill gotten until proved contrary. The ICAC's extensive powers are expected to be modified or changed as a result of the enactment of the bill of rights.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
There is a tradition of free speech and press as practiced in Great Britain--numerous views and opinions, including those independent or critical of the British and Hong Kong Governments, are aired in the mass media, public forums, and by political groups. However, in July five political activists were convicted and fined by a magistrate's court for an incident in February during which they used megaphones without permits to protest the Basic Law being drafted by China. The court dismissed charges against a sixth person. The decision of the Government to prosecute the six persons, whom the Chinese Government branded as "subversives," was criticized by some local observers as political harassment and cited as evidence of the Government's intention to curb the prodemocracy message at the behest of the Chinese Government. The five who were convicted are appealing their case.