學聯

HKFS

香港專上學生聯會

HONG KONG FEDERATION OF STUDENTS

TROLLERAAR 8/F. Blk. A. Kingland Apartments, 739 Nathan Road, Kowloon, Hong Kong. Tel: 7873551 Fax: 7873120 Cable: HKFSTUDENT

of

to

clash conflict with the Bill

Rights. Under administrative reason, government put them under freeze subject

another one year prolongation.

to

This

not only shows the lack of sincerity on the government side to protect human rights. Such ordinances under freeze are always quoted and used to serve the ends of

the government. The gravest example is the Immigration Ordinance in the Global Chinese Students Union incident; and the Police Force Ordinance in 6.5.91. Legco clash as well as other cases of public demonstrations.

2) LACK OF A HUMAN RIGHTS COMMISSION WITH JUDICIAL POWER TO DEAL

WITH CASES OF HUMAN RIGHTS VIOLATIONS.

is

shows

Government's blunt rejection of such a commission which important to give operative force and a final interpretation

the Bill of Rights without adequate reason, government's irresponsibility which make the Bill a scrap of paper only.

to

3) BILL OF RIGHTS AND BASIC LAW

It

may be

Its

The bill does not have primacy over other laws. amended or repealed by the legislature at any time. entrenchment is already rejected by the Chinese government. On the next day after the enactment of the Bill 6.6.1991, China has already said that it reserved the right to examine "at an appropriate time" after 1997 the laws currently in force in HK including the Bill of Rights.

The Chinese government insists that the Bill is already covered by Article 39 Basic Law which

is based on the human rights provisions

the Chinese

unenforceable

constitution rather than the ICCPR.

in

SITUATION OF HONG KONG HUMAN RIGHTS AFTER 1997

1) CHINA'S HUMAN RIGHTS RECORD

human rights in

transition period

The many accusations and complaints about China as well as the many examples of HK human rights violations already taking place during the undermine the confidence about sufficient respect paid to human rights in HK after 1997.

2) CHINA IS NOT A SIGNATORY OF THE ICCPR

"

Nov

Mr. Lu Ping, deputy secretary-general of the BLDC, on 24 1988 said that the ICCPR is so Long" that China reject it a.s a model. China thus does not consider itself bound by the ICCPR. Yet guarantee of human rights in HK very largely derives from the ICESCR and th ICCPR as the Bill of Rights is heavily based on the two convenants. This inconsistency

further undermines BK's human rights situation after 1997.

6

Membership A

Hong Kong University Students' Union

H.K. Polytechnic Students' Union FCAKES

Northcote College of Education Students' Union WTARZA

Grantham College of Education Students' Union UV YARALA

H.K. Technical Teachers' College Students' Union Fit CAANRAKENTA

Student Joint Committee Hang Seng School of Commerce

TERATAIRAID

FEDRKYPE The Student Union of the Chinese University of Hong Kong

BAPERLA H.K. Baptist College Students' Union

HEARNARWE Sir Robert Black College of Education Students' Union

MYRYLA Lingnan College Students' Union

NOMIARME The Students' Union of H.K. Shuc Yan College

MENU TREES(MAD) City Polytechnic of Hong Kong Students' Union

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