TNAG-0918-FCO40-1129-Human-rights-in-Hong-Kong-1977 — Page 63

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CONFIDENTIAL

Reference....................

(12)

Mr Milton

Meniura

HONG KONG: EUROPEAN CONVENTION ON HUMAN RIGHTS

1. Some time ago you asked me to look into the reasons why the European Convention on Human Rights has never been extended to Hong Kong. Since then Library and Records Department have been examining past papers on this subject.

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2. Attached are copies of three interesting 1952 papers (from International Relations Department file 163/178/02 of 1952/53) which set out some of the reasons why Hong Kong was excluded from the list of 'dependent territories to which the Convention was extended in 1953. It seems that the amount of primarily legal work involved for Hong Kong in an extension, the fact that an emergency situation existed in the Colony and that, if the Convention were extended to Hong Kong the many ways in which the Colony would not then have been able to abide by its provisions would have exposed both the Hong Kong and UK governments to criticism from Moscow and Peking, were all felt to preclude the Convention's extension to Hong Kong at that time. Library and Records Department have been unable to discover any more recent papers on the subject and I can only guess that, in the last 25 years or so, nobody has thought to re- examine the reasons why the Convention could not be extended to Hong Kong. I have now endeavoured to do so.

3. There would be considerable difficulties, stemming both from the undemocratic nature of Hong Kong's constitution and some of the peculiarities of the Colony's society. To list a few (but there are many references to the needs of a democratic society'):-

(a) in paragraph 5 of the Convention's preamble the Signatory Governments re-affirm their "Profound belief in those Fundamental Freedoms which are the foundation of justice and peace in the world and are best maintained on the one hand by an effective political democracy . It might be embarrassing if HMG were to re-affirm it s belief "in an effective political democracy" for the UK while denying it to Hong Kong;

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(b) paragraph 1 of Article 4 reads "that no-one shall be held in slavery or servitude". While there is no slavery in the cassical sense in Hong Kong, there have been reported cases of young children being forced into work by their parents in order to supplement family incomes; (c) paragraph 1 of Article 6 reads "

everyone is

entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by the law. Judgement shall be pronounced publicly. . Under the Immigration Ordinance the Hong Kong Government is empowered to detain without trial persons who are suspected of involvement in sabotage and espionage activities; (d) paragraph 1 of Article 11 states that "everyone has the right to form to join trade unions for the protection of his interests" but there are some restrictions on office- holders in trade unions in Hong Kong, on the control of trade union funds and on the affiliation of trade unions with international organisations;

LONE JENTIAL

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