VEMENT HOUSE HONG KONG.

MON 67 JUN 98 09:55

PG.02

Mr Michael Sze, SCA

CONFIDENTIAL

International Covenant on Civil and Political Rights (ICCPR)

(20

Da ICCPR

HICC 241,

RECEIVED IN REGISTRY

10 JUN 1993

DESK OFFICER

Interest

INDEX

PA

REGISTRY Action Taken

We have

from

recently been

getting 2 good

deal

f

LegCo

members and others on how

the

UWO

Covenants

(particularly

the ICCPR

with

its

We

remain in force in the SAR after

if it does not

to make will be obliged

International

reporting provisions} will

1997 and how

can be sure that the PRC,

itself accede to the Covenant,

June and I have

TEPOTES to the UN Human Rights Committee in respect of the MKSAR. Christine Tooth wrote to Mr Goodlad about this on 1 jusi amemled a draft reply to her from the had been prepared in London (copies attached). There was a good deal of interest in this question in LegCo when the AG answered an oral question from Howard Young on multilateral treaties generally.

Minister that

20 May

2.

situation.

it might be

it ic

helpful if I were

not,

I

Sorry

to

am

explain

SAY,

the

very

straightforward.

TWO

Covenants

to

Ilong Kong

shall

romain in

force".

The

JD 156 stated that the provisions of the

applied British view is that this means quite clearly

that the PRC will be obliged, as a matter of international to uphold the Covenantɛ in relation to the HKSAR whether

law.

or

not

to

do

she separately acccdes to the Covenants. Any failure would be A breach of the JD. Amongst China's will be the reporting obligation under Article 10 ICCPR and the obligation, under Article 41 ICCPR, to deal

with

TCCFR

obligations

complaints

from

other

states

parties

10

the

(including the UK) that cnc io falling to comply with her

obligatious towards the BAR.

1.

take

the

Covenants

WO believe that,

if we have to. we could reasonably

iinc that the JD itself

will continue to apply

further legal instrument is needed.

ensures

that

the two

the HKSAR and thal,

This is different to the

CONFIDENTIAL

SIU

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