THE LEGAL SYSTEM
Hong Kong Special Administrative Region, which was promulgated in April 1990. In that respect, a review by policy branches of all ordinances within their spheres of responsibilities has been completed and, where necessary, drafting instructions will be prepared with a view to appropriate amendments being made on, or before, July 1, 1997.
Human Rights
The International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) have been extended to Hong Kong since 1976. The Sino-British Joint Declaration on the Question of Hong Kong guarantees that the provisions of the two covenants, as applied to Hong Kong, shall remain in force after 1997.
In view of the strong support in the community for the embodiment of basic civil and political rights in a justiciable Bill of Rights, the Bill of Rights Ordinance (BORO) was enacted in June 1991. It gives effect in local law to the provisions of the ICCPR as applied to Hong Kong.
To complement the protection afforded by the Bill of Rights, the Letters Patent for Hong Kong have been amended, to the effect that no law can be made in the territory which restricts the rights and freedoms enjoyed in Hong Kong in a manner which is inconsistent with the ICCPR as applied to the territory. The amendment came into operation at the same time as the Bill of Rights Ordinance.
Article 22 of the BORO provides that all persons are equal before the law and are entitled, without any discrimination, to the equal protection of the law. Action has been taken to review, and if necessary to remove, laws which provide for different treatment between women and men. In response to widespread public support, the decision was announced in June 1994 to seek the extension of the Convention on the Elimination of Discrimination Against Women to Hong Kong and at the same time, to prepare legislation against sex discrimination.
The Sex Discrimination Bill was introduced into the Legislative Council on October 26. The Bill renders unlawful sex discrimination and sexual harassment in specified areas of activity. These include employment, education, provision of goods and services, and disposal and management of premises. To oversee the implementation of the sex discrimination legislation, the Bill provides for the establishment of an Equal Opportunities Commission which will, among other things, work towards the elimination of sex discrimination and sexual harassment, and promote equality of opportunities between women and men. It will also investigate, upon complaint, any act alleged to be unlawful by virtue of the Bill and endeavour, by conciliation, to effect a settlement of the matter in dispute.
In addition, an announcement was made in July of a decision to prepare legislation against discrimination on the ground of disability.
It is recognised that the privacy of the individual faces a special threat from technological advances that facilitate the holding, processing and transfer of vast quantities of personal data. Based on recommendations of the Law Reform Commission, contained in a detailed and comprehensive report published in August, the government is currently preparing legislation to protect individual privacy from this threat. It is intended to introduce the legislation into the Legislative Council in early 1995.
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