UN COMMISSION ON HUMAN RIGHTS: 47TH SESSION
28 JANUARY TO 8 MARCH 1990
DEFENSIVE BRIEF 3(b): HONG KONG 1997
Objectives
1. To demonstrate our commitment to human rights and
effective implementation of the ICCPR and ICESCR in Hong
Kong.
2.
To demonstrate that we have made adequate provision for continued protection of human rights in Hong Kong after
1997.
Defensive Points to Make
1. Joint Declaration and Basic Law provide for continued application to Hong Kong after 1997 of ICCPR and ICESCR.
Joint Declaration also states that Hong Kong shall maintain the rights and freedoms as provided for by laws previously
in force.
2.
External supervision of application of ICCPR and ICESCR
after 1997 (eg reporting obligations) is for Sino-British Joint Liaison Group to consider together with other detailed points about how continued application of Covenants to Hong Kong will be achieved. (If pressed: question of extension to Hong Kong of Optional Protocol is something to be considered separately once Bill of Rights is in place.)
3.
Hong Kong Government have introduced a Bill of Rights. Expect it to become law later this year. Will give clear effect in single local law to ICCPR and make it justiciable
in Hong Kong courts.
PATADP/1
SEB