- 3 -
14037/88
laws currently in force in Hong Kong will remain basically unchanged. These policies are to be stipulated in a Basic Law of the S.A.R., which will remain unchanged for 50 years. To ensure a smooth transfer of government and the effective implementation of the Joint Declaration, a Sino-British Joint Liaison Group will be set up to deal with transitional problems.
COMPLAINTS
or
The applicant complains that if he is returned to Hong Kong he will eventually be transferred to the Chinese authorities after the resumption of sovereignty. He fears that in such an eventuality he will be subjected to torture or to inhuman and degrading treatment, be held guilty of a crime on account of acts or omissions which did not constitute a criminal offence under the relevant national or international law when they were allegedly committed and/or receive a heavier penalty than the one which was applicable at the time the criminal offence was committed. He invokes Articles 3 and 7 of the Convention.
The applicant claims that under the Chinese Criminal Code the death penalty may be applicable in respect of certain of the charges against him. Moreover, Chinese law does not recognise the prohibitions embodied in Article 7 para. 1 of the Convention on the retrospective imposition of criminal liability or the retrospective increase in applicable penalties.
He further claims that prisoners in China have been subjected to punishments which by international standards would be regarded as cruel, inhuman or degrading. He fears that after 1997 he might be the victim of such treatment.
THE LAV
1.
The applicant complains that, if he is returned to Hong Kong to stand trial and convicted, he may on the resumption of Chinese sovereignty in 1997 face violations of his rights under Article 3 of
the Convention.
Article 3 provides:
"No one shall be subjected to torture or to inhuman or degrading treatment or punishment.'
"
The applicant submits that under the Chinese Criminal Code his case may be re-opened and new heavier penalties, including the death penalty may be imposed. He also submits that prisoners under the Chinese authorities have been subjected to treatment contrary to Article 3 of the Convention.
The Commission recalls its case-law that a person's deportation or extradition may give rise to an issue under Article 3 of the Convention where there are serious reasons to believe that the individual will be subjected, in the receiving State, to treatment contrary to that Article (see No. 10308/83, Altun v. the Federal Republic of Germany, Dec. 3.5.83, D.R. 36 pp. 209-235; No. 10078/82, M. v. France, Dec. 13.12.84, D.R. 41 p. 103, also No. 10479/83, Kirkwood v. the United Kingdom, Dec. 12.3.84, D.R. 37 pp. 158-191; No.