CONFIDENTIAL
XCX(93)39
Committee. Another is the obligation under Article 41 to deal with complaints made to the Committee by other parties to the ICCPR. Thus, from 1 July 1997 China will be obliged, as a matter of international law, to comply with all the provisions of the ICCPR in respect of Hong Kong, including Articles 40 and 41.
Discussion in the Joint Liaison Group
5
In an effort to ensure that China fully understands the implications of what she has already agreed in the Joint Declaration, in particular her reporting obligation and the obligation to deal with complaints from other states parties, the British side handed over papers in October 1992 in which we explained how we had ourselves discharged our various obligations in respect of Hong Kong, including our obligation to report to the UN Human Rights Committee. The papers were written on the assumption that China would be bound by Articles 40 and 41, as well as all the other articles of the ICCPR (regardless of whether she acceded) in respect of HKSAR after 1997. There has so far been no reaction from the Chinese side.
Implementation of the ICCPR in Domestic Law
6
In enacting the Bill of Rights Ordinance in 1991, the Hong Kong Government has given effect in local law to the provisions of the ICCPR as applied to Hong Kong. An amendment to the Letters Patent was also made to ensure that no law of Hong Kong should be made that restricts the rights and freedoms enjoyed in Hong Kong in a manner which is inconsistent with the ICCPR as applied to Hong Kong.
16 August 1993 (CAB B3/19/6/3)
COUNCIL CHAMBER
Executive Council