XN000022-1995-11-15 — Page 16

Members will be aware that the UN Human Rights Committee is deeply interested in the circumstances of Hong Kong. The Committee has recognised the sound legal basis offered by the Joint Declaration for the continued protection of the rights provided for in the ICCPR. The Committee has issued a clear statement on the importance of the continued application of the ICCPR in Hong Kong and the submission of reports after 1997. It has taken the view that human rights treaties devolve with territory, and that states continue to be bound by the obligations under the Covenant entered by the predecessor state. The Committee points out that Britain and China have agreed in the Joint Declaration that all the provisions of the Covenant as applied to Hong Kong shall remain in force after 1 July 1997. These provisions include reporting obligations under article 40. As the reporting requirements will continue to apply, the Committee considers that it is competent to receive and review reports that must be submitted in relation to Hong Kong.

The United Kingdom Government has explained to the Chinese Government how it fulfils these obligations and made its views known to China through the JLG and other diplomatic channels on how the reporting obligation could be fulfilled after 1997. It will continue to work for a satisfactory resolution of this question with the .Chinese Government. On our part we will continue to take the necessary steps to

implement the Covenant as applied to Hong Kong.

Review of legislation

Every society must update its laws to take into account changing circumstances and developing jurisprudence. New policies or international obligations lead to new legislation, existing laws need to be updated by the removal of anomalies and obsolete provisions. This does not conflict with the Joint Declaration where it provides that the laws currently in force in Hong Kong will remain basically unchanged.

The review of legislation for consistency with the BORO ensures that our laws are consistent with the provisions of the ICCPR as applied to Hong Kong. It is worth restating that 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 that 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 which ensure consistency with the ICCPR are therefore consistent with both the Joint Declaration and the Basic Law. To leave these laws untouched would bring them into conflict with Article 39 of the Basic Law after 1997.