XN000022-1995-07-12 — Page 80

-

68 -

International covenants on human rights

Following is a question by the Hon Lee Cheuk-yan and a written reply by the Secretary for Home Affairs, Mr Michael Suen, in the Legislative Council today (Wednesday):

Question:

The International Covenant on Civil and Political Rights and International Covenant on Economic, Social and Cultural Rights are extended to Hong Kong with certain reservations such as reservations of the right not to require the establishment of an elected Executive or Legislative Council in Hong Kong and to postpone the application of the provision concerning equal pay for equal work for men and women in the private sector, as well as the provisions which lay down the right of trade unions to set up national federations or confederations and to form or join international trade- union organisations. In this regard, will the Government inform this Council:

Reply:

(a)

(b)

Mr President,

whether the Government intends to remove all such reservations in the two covenants mentioned above;

if the answer to (a) is the affirmative, whether the Government has any plan to hold discussions with the British and Chinese Governments on the removal of all such reservations applicable to Hong Kong; and (c) if the answer to (a) is the negative, what the reasons are?

In Part XIII of Annex I to the Joint Declaration it is clearly stated 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. In our view, this envisages that reservations extant on 30 June 1997 will continue to apply. However, the continuation of our international rights and obligations arising under international agreements, including the nature of the reservations which will be applicable, are matters for discussion in the International Rights and Obligations Sub-group of the Joint Liaison Group.

There are no plans at present to remove reservations under the two covenants. Most of these are designed either to safeguard law and order and the economic interests of Hong Kong people, or reflect our present and future constitutional position.

End/Wednesday, July 12, 1995

Page 80Page 81