TNAG-0783-FCO40-987-Employment-of-children-In-Hong-Kong-1978 — Page 7

Press Release HR/640 Page 3

--If a detained or imprisoned person so requests, "he shall as far as possible be kept in a place of detention reasonably near his usual place of residence, so as to facilitate visits from members of his family" (principle 18);

No detained person shall be required to testify against himself

(principle 1);

In addition to regular medical care, a detained or imprisoned person "shall have the right to be examined by a physician of his own choice", and results of examinations shall be duly recorded and made available to the person, his counsel or family (principle 22);

"In case of need, the competent authorities shall endeavour to ensure, as far as possible, the minimum level of support to dependent members of the families of detained persons" (principle 27);

Simple, expeditious proceedings at no cost shall be provided whereby a detained person, his counsel or his family may challenge the lawfulness or necessity of his detention and obtain his release without delay if it is unlawful (principle 28);

Whenever the death or disappearance of a detained or imprisoned person occurs during or shortly after the termination of his detention or imprisonment, an inquiry into the cause shall be held (principle 30);

A detainee or prisoner, cr his family in the event of his death, shall have an enforceable right to compensation for damage resulting from acts contrary to rights contained in these principles (principle 31);

"A person suspected or accused of a criminal offence shall have the right to be presumed innocent until finally proved guilty according to law and shall be treated as such by all concerned" (principle 32);

▲ person detained on a criminal charge shall be entitled to trial within a reasonable time or to release, and no detained person shall be denied provisional release solely on account of lack of financial guarantee (principles 34, 35).

Human Rights of Detained Persons

Four other resolutions were adopted concerning the question of the human rights of persons subjected to any form of detention or imprisonment. In these, the Sub-Commission recommended that the Human Rights Commission initiate a study of the situation of detainees and imprisoned persons "in and from territories under foreign occupation". (Adopted by 15 votes in favour to 2 against with 2 abstentions.) It also recalled a 1976 Sub-Commission resolution recommending that the Human Rights Commission request the Economic and Social Council to authorize the appointment of a five-man group of its members to analyse the material received in connection with the human rights of detained and imprisoned persons. The resolution requests the Human Rights Commission to act upon the 1976 recommendation. (Approved by 16 votes in favour to 4 against, with 1 abstention.)

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