THE LEGAL SYSTEM
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.
The Bill of Rights Ordinance 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.
The United Nations Convention on the Rights of the Child was extended to Hong Kong in 1994. It places Hong Kong under additional international obligations to respect children's rights and protect their interests.
In response to widespread support, action is also being taken with a view to extending to Hong Kong the United Nations Convention on the Elimination of All Forms of Discrimination Against Women.
The Sex Discrimination Ordinance was enacted in July this year. The Ordinance renders unlawful discrimination on the grounds of sex, marital status, and pregnancy in specified areas of activity. Sexual harassment is also made unlawful under the Ordinance. The Disability Discrimination Ordinance was enacted in August this year to prohibit discrimination on the ground of disability. To oversee the imple- mentation of both the Sex Discrimination Ordinance and Disability Discrimination Ordinance, an Equal Opportunities Commission will be established to work towards the elimination of discrimination and harassment, and to promote equality of opportunities. It will also provide assistance for persons who have experienced discrimination and harassment. A preparatory team is now in place to set up the commission.
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 by the Law Reform Commission, the Personal Data (Privacy) Ordinance, which aims to provide comprehensive statutory protection for the privacy of the individual with respect to personal data, was enacted in August 1995. It will be brought into force when the office of the Privacy Commissioner for Personal Data is established. This is expected to take place in early 1996.
The Judiciary
A key element in the past success and continuing attraction of Hong Kong is that its judicial system operates on the principle, fundamental to the common law system, of the independence of the judiciary from the executive and legislative branches of government. The courts make their own judgements, whether disputes before them involve private citizens, corporate bodies or the government itself. The independence
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