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WEDNESDAY, OCTOBER 26, 1994
MR SIMON IP RAISED THE ISSUE OF JURIDICAL ASSISTANCE AND LEGAL LINKS BETWEEN HONG KONG AND CHINA. IT IS TRUE THAT THERE IS NO EXTRADITION TREATY BETWEEN THE UNITED KINGDOM AND CHINA, AND THERE ARE NO ARRANGEMENTS IN PLACE FOR THE SURRENDER OF FUGITIVE OFFENDERS BETWEEN HONG KONG AND CHINA. WE RECOGNISE THAT THERE IS ADVANTAGE IN PUTTING IN PLACE ARRANGEMENTS BETWEEN HONG KONG AND OUR NEIGHBOURS ON THE SURRENDER OF FUGITIVE CRIMINALS WHICH CONTAIN ALL THE SAFEGUARDS OF A CIVIL SOCIETY. WE ARE CURRENTLY EXAMINING HOW THIS MIGHT BE ACHIEVED.
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AS REGARDS MUTUAL LEGAL ASSISTANCE, THERE IS AT PRESENT LIAISON AND CO-OPERATION BETWEEN THE HONG KONG POLICE AND THE CHINESE PUBLIC SECURITY BUREAU, THROUGH THE INTERPOL CHANNEL, IN TACKLING CROSS-BORDER CRIME. INFORMATION AND INTELLIGENCE MAY BE PROVIDED ADMINISTRATIVELY ON MATTERS SUCH AS THE WHEREABOUTS OR MOVEMENTS OF SUSPECTS, OR THE TRACING OF STOLEN PROPERTY. APART FROM THIS, HONG KONG CURRENTLY HAS NO ARRANGEMENTS WITH CHINA RELATING TO ANY TYPE OF LEGAL ASSISTANCE IN CRIMINAL MATTERS. WE ARE CURRENTLY CONSIDERING WHAT OUR APPROACH TO THIS SHOULD BE. IT WOULD BE DESIRABLE IF POSSIBLE TO TRY TO PUT IN PLACE BEFORE 1997 SOME PRACTICAL AND WORKABLE ARRANGEMENTS THAT WOULD CONTINUE TO BE EFFECTIVE AFTER THAT DATE.
ON THE QUESTION OF LEGAL AND PROCEDURAL ARRANGEMENTS BETWEEN CHINA AND HONG KONG IN CIVIL AND COMMERCIAL MATTERS, THE SUBJECT HAS BEEN STUDIED IN DETAIL BY SPECIALISED LEGAL EXPERTS.
THEIR RECOMMENDATIONS IN THE VARIOUS AREAS OF IMPORTANCE TO HONG KONG HAVE BEEN ACCEPTED BY THE GOVERNMENT, AND WE HAVE PUT THEM TO THE CHINESE SIDE IN THE JOINT LIAISON GROUP. WE HOPE THAT PRACTICAL SOLUTIONS CAN BE WORKED OUT WITH THE CHINESE SIDE ON THESE IMPORTANT MATTERS. CERTAINLY THE CHINESE SIDE IS AWARE OF THE IMPORTANCE WE ATTACH TO GOOD SOLUTIONS BEING FOUND,
MR PRESIDENT, CONCERN HAS BEEN EXPRESSED BY SOME MEMBERS IN RESPECT OF THE REPORTING OBLIGATION UNDER THE TWO INTERNATIONAL COVENANTS ON HUMAN RIGHTS AFTER THE TRANSFER OF SOVEREIGNTY IN 1997. THE LEGAL POSITION AS WE SEE IT IS CLEAR.
THE SINO-BRITISH JOINT DECLARATION IS AN INTERNATIONAL
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AGREEMENT BETWEEN THE UNITED KINGDOM AND CHINA REGISTERED WITH UNITED NATIONS SECRETARIAT UNDER ARTICLE 102 OF THE UN CHARTER. FOURTH PARAGRAPH OF SECTION XIII OF ANNEX I TO THE JOINT DECLARATION PROVIDES EXPRESSLY THAT "THE PROVISIONS OF THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS AND THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS AS APPLIED TO HONG KONG SHALL REMAIN IN FORCE" AFTER THE TRANSFER OF SOVEREIGNTY. THIS OBLIGATION IS ALSO CLEARLY SET OUT IN ARTICLE 39 OF THE BASIC LAW WHICH AGAIN PROVIDES EXPRESSLY THAT THE PROVISIONS OF THE INTERNATIONAL COVENANTS "SHALL REMAIN IN FORCE IN HONG KONG AND SHALL BE IMPLEMENTED THROUGH THE LAWS OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION.' THE BASIC LAW, WHICH WILL ENTER INTO FORCE ON 1 JULY 1997, IS A CHINESE LAW THAT GIVES EFFECT TO CHINESE OBLIGATIONS UNDER THE JOINT DECLARATION.
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/THE CHINESE