CCPR/C/SR.857 page 2
The meeting was called to order at 10.20 a.m.
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 40 OF THE COVENANT (agenda item 4) (continued)
Second periodic report of the United Kingdom of Great Britain and Northern Ireland dependent territories (CCPR/C/32/Add.14 and Add.15) (continued)
The CHAIRMAN invited the Committee to continue its consideration of the report of the United Kingdom concerning its dependent territories
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(CCPR/C/32/Add.14 and Add.15), with particular reference to the list of issues to be taken up. He appealed to members to be as concise as possible in their questions, since the Committee was running somewhat behind schedule.
VI.
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Treatment of prisoners and other detainees (articles 7, 9 and 10)
The
Mr. FEARN (United Kingdom) said, in connection with the compatibility with article 7 of the Covenant of resort to corporal punishment
(section VI (a) of the list of issues), that his Government was in consultation with those territories whose laws still permitted the imposition of such punishment for certain offences, namely Bermuda, the British Virgin Islands, Hong Kong, Montserrat, and the Turks and Caicos Islands. question of abolition remained under review, but in any event the use of corporal punishment had considerably diminished in recent years.
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As to whether detainees in Hong Kong had the right to appeal to a superior court from an adverse judgement by a magistrate concerning their detention (section VI (b)), he said that in Hong Kong any person refused bail by a magistrate might apply to a high court judge seeking his release on bail. Alternatively, if he contested the lawfulness of his continued detention, he might apply to a high court judge for an order of habeas corpus. Those rights applied to all detainees, whether held under the Independent Commission against Corruption Ordinance or otherwise. A person detained following his conviction by a magistrate might appeal to a superior court against both his conviction and his sentence. Similar rights of appeal were available to detainees in other dependent territories.
Concerning section VI (c), in the dependent territories, as in the United Kingdom, the United Nations Standard Minimum Rules for the Treatment of Prisoners were regarded as advisory and every effort was made to put them into effect wherever practicable.
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5. Mr. COORAY said he understood that it was proposed to appoint a Commissioner for Administrative Complaints in Hong Kong. He inquired how it was intended to ensure that the latter's tenure of office was independent of the executive. He further asked whether the Commission would be allowed to investigate complaints against the police and, if not, why not. Noting that under the provisions of the Crimes Ordinance of Hong Kong persons loitering without satisfactory explanation were quilty of an offence, and that under the Police Force Ordinance, the police had powers to stop and search and if necessary arrest and detain on suspicion, he inquired whether it was the intention to review the provisions of those statutes, which might lead to unnecessary harassment of the public.