XN000022-1995-12-15 — Page 7

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He said the Home Affairs Branch was co-ordinating action in the territory on the matters raised by the United Nations Human Rights Committee and intended to offer the Legislative Council, NGOs and the public an opportunity in early 1996 to give their views on the issues to be covered in a special report on Hong Kong under the International Covenant on Civil and Political Rights (ICCPR).

The report, to be submitted by the United Kingdom to the United Nations Human Rights Committee in May next year, will cover developments in respect of the issues raised in the Committee's concluding observations issued on November 3 including, most importantly, the obligation to submit periodic reports under Article 40 of ICCPR, he said.

Turning to the protection of human rights in the territory, Mr Suen said it was provided by the rule of law, a truly independent judiciary, a free and active press, a fairly elected Legislature, open and accountable government, effective and reliable complaints channels and the Bill of Rights Ordinance (BORO).

He said: "The rule of law in Hong Kong means that the powers of the Government are subject to the law and may be challenged in the courts. Everyone is subject to the law and everyone is equal before the law.

"Our laws are interpreted and applied by an independent judiciary. Prominent in this process is the Bill of Rights Ordinance, which gives effect in local law to the provisions of the ICCPR as applied to Hong Kong.

"Our citizens can, and do, take the Government to Court when they consider that we have infringed their rights. Clearly, this path of redress should not be constrained by financial considerations.

"Therefore, we have given the Director of Legal Aid discretion to waive the financial eligibility test for people wishing to pursue cases under the BORO."

Mr Suen added that BORO had been the yardstick in the ongoing review of legislation which was to ensure that legal restrictions on people's rights and freedom were reasonable, necessary and proportional to the problems they sought to address.

"So far we have enacted 36 amending ordinances to ensure that we will continue to enjoy a free society where the rights of the individual, press freedom and freedom of expression are guaranteed. We will continue to review our laws.

"The general public has come to accept the BORO as a fundamental and essential guarantee of human rights, and as part of the fabric of the laws of Hong Kong.