XN000022-1997-02-27 — Page 9

8.

Governor: I mustn't pursue the Rolls Royce analogy any further. I don't think the manufacturers would necessarily care for it. I think it may be the case that the, and this is the risk of abusing metaphor, I think it is probably the case that what makes Hong Kong motor forward so successfully, that is a combination of economic and political freedom, worries some Chinese officials, though worries them wholly unnecessarily.

On the ICJ, yes it would be a very satisfactory outcome if the Chinese would accept the invitation, which is still on the table, to go to the ICJ for arbitration and would then accept what the ICJ had to say. There aren't actually all that many members of the Security Council which do accept the binding arbitration of the ICJ. I think I'm right in saying that the United Kingdom is the only permanent member of the Security Council which does so. I think I'm right in saying that, though I'm happy to be corrected.

It's worth adding that elsewhere where we think there is a clear obligation on China to follow procedures under the auspices of the United Nations, it's arguing at present that it doesn't see the need to do so. I'm referring of course to the reporting obligations under the international covenants on civil and political rights and on economic, social and cultural rights. So I agree with the honourable gentleman about the desirability of the outcome he's mentioned. I'm not sure that his proposal about the Security Council would be the right one. I am sure that it should remain a priority for the United Kingdom in the conduct of its foreign affairs to ensure that there is the maximum international support for the survival of freedom and the rule of law in Hong Kong.

Mr Lee Cheuk-yan (in Chinese): Thank you Mr President. In answer to Mr Lau Chin- shek's question the Governor said that the Government would review the legislation in Hong Kong to ensure compliance with the international covenant and Bill of Rights ordinance.

Now what is of most concern to me, as you know Governor, is the human rights for the workers in Hong Kong. I have submitted two private member's bills, one on the trade unions amendments. I feel that trade unions can organise cross-membership unions and the participation in international trade unions would not need the approval of the Government. I think that would be in line with the ICSCR provisions.

The second amendment is to make sure that the trade union membership will not be discriminated against and reinstatement should be allowed. And that is also in line with the freedom of association under the ICSCR. I also would submit another private member's bill on the collective bargaining position and that would be in line with no. 98 of the international labour convention.