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Article 158 of the Basic Law, to seek an interpretation from the NPC Standing Committee will be questions involving foreign affairs and defence or the relationship between the Central Authorities and the Region. It is worth noting that the Basic Law reserves the power of judgement (as opposed to interpretation to the SAR courts and, in this connection, judgements previously rendered will not be affected by subsequent interpretation by the NPC Standing Committee.
The report calls for revision of Article 23 of the Basic Law as it requires legislation prohibiting subversion, a concept which has no equivalent in the present legal system of Hong Kong. However, offences of the same kind as subversion are covered by the present Crimes Ordinance. The important point is that Article 23 provides for laws on these issues to be enacted by the SAR legislature. They will be Hong Kong laws, not Chinese laws applied to Hong Kong.
As the report notes, the Hong Kong Government is undertaking a review of laws which might jeopardise press freedom and the case for a Freedom of Information Ordinance. This review is close to completion. The Executive Council in Hong Kong will be asked to consider and advise on the outcome once the review is completed.
On the International Covenant on Civil and Political Rights, we would like to see China accede, and continue to urge them to do so. In any event, the PRC have undertaken in the Joint Declaration that the Covenant shall, as applied to Hong Kong remain in force. In this context, the Joint Liaison Group Sub-group on International Rights and Obligations is currently exploring the means by which this can be assured.
The Report also calls for the establishment of a Human Rights Commission in Hong Kong. The Hong Kong Government believes that this is not necessary in Hong Kong given the existing avenues for redressing grievances arising from human rights complaints and the active role being played by the courts.
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ALASTAIR GOODLAD
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