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(b) how it will ensure that the laws safeguarding human rights and the freedom' of the Hong Kong people can straddle 1997; and
(c) what measures will be put in place to safeguard human rights and the freedom of the people of Hong Kong in the light of the Chinese and British Governments having different interpretation of the status of the Bill of Rights?
Reply:
(a) The amendments in question were made to ensure that the laws were consistent with the Bill of Rights Ordinance (BORO) and hence were consistent with the provisions of the International Covenant on Civil and Political Rights (ICCPR) as applied to Hong Kong. Both the Joint Declaration and the Basic Law stipulate that the provisions of the ICCPR as applied to Hong Kong shall remain in force and Article 39 of the Basic Law provides that restrictions on the rights and freedoms enjoyed by Hong Kong residents shall not contravene the ICCPR as applied to Hong Kong. Amendments to laws to ensure consistency with the ICCPR are therefore consistent with both the Joint Declaration and the Basic Law.
Another equally important purpose was to modernise the relevant laws by updating obsolete provisions and removing anomalies. As in the case of other societies, we update our laws to take into account changing circumstances and developing jurisprudence. This is not in conflict with the Joint Declaration which provides that the laws currently in force in Hong Kong will remain basically unchanged.
(b) The Joint Declaration specifically provides that the provisions of the ICCPR as applied to Hong Kong shall remain in force. Article 39 of the Basic Law also provides that provisions of the ICCPR as applied to Hong Kong shall be implemented through the laws of Hong Kong. Accordingly, those laws safeguarding the human rights and freedom of Hong Kong people, which are compatible with the provisions of the ICCPR, shall remain in force.
(c) The continued application of the ICCPR and the International Covenant on Economic, Social and Cultural Rights are provided for in the Joint Declaration and the Basic Law. Our position on the BORO is clear. The matter was taken up at the meeting of the Joint Liaison Group last week and we will continue to pursue this with the Chinese side through formal channels.
End/Wednesday, November 8, 1995