TNAG-1414-FCO40-1894-Future-of-Hong-Kong-fundamental-rights-and-freedoms-1985 — Page 28

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

Article 6

1. The States Parties to the prescut Covenant recognize the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take ap propriate steps to safeguard this right.

2. The steps to be taken by a State Party to the present Covenant to achieve the full realization of this right shall include technical and voca- tional guidance and training programines, policies and techniques to achieve steady economic, social and cultural developinent and full and productive employment under conditions safeguarding fundamenta political and economic freedoms to the individual.

U.K. Reservation

5. "The Government of the United Kingdom reserve the right to interpret Article 6 as not precluding the imposition of restrictions, based on lace of birth or residence qualifications, on the taking of employment in any particular region or territory for the purpose of safeguarding the employment opportu- nities of workers in that region or territory."

ANNEX I TO THE JOINT DECLARATION

ฟ.

The Hong Kong Special Administrative Region shall maintain the capitalist economic and trade systems previously practised in Hong Kong. The Hong Kong Special Administrative Region Government shall decide its economic and trade policies on its own. Rights concerning the ownership of property. including those relating to acquisition, use, disposal. inheritance and |compensa- tion for lawful deprivation (corresponding to the real value of the property concerned, freely convertible and paid without undue delay) shall continue to be protected by law.

Protection of

right to work.

15.-(1) No person shall be denied the opportunity to gain his living by work which he freely chooses or accepts, whether by pursuing a profes- sion or occupation or by engaging in à trade or business, or otherwise.

(2) It shall not be inconsistent with subsection (1) of this section to require, as a condition for embarking upon or continuing work, the payment of professional fees, trade or business licence fees, or similar charges, or the possession of appropriate licences or qualifications.

(3) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes reasonable provision--

(a) that is required in the interests of defence, public safety, public

order, public morality or public health;

(b) that is required for the purpose of protecting the rights or

freedoms of other persons; or

(c) for the imposition of restrictions on the right to work of any

person who is not a citizen of Belize.

Protection from deprivation of property.

17.~(1) No property of any description shall be compulsorily taken possession of and no interest in or right over property of any description shall be compulsorily acquired except by or under a law that-

(a) prescribes the principles on which and the manner in which reasonable compensation therefor is to be determined and given within a reasonable time; and

(b) secures to any person claiming an interest in or right over the

property a right of access to the courts for the purpose of→

(i) establishing his interest or right (if any);

(ii) determining whether that taking of possession or acquisition was duly carried out for a public purpose in accordance with the law authorising the taking of possession or acquisition: (iii) determining the amount of the compensation to which he may

be entitled: and

(iv) enforcing his right to any such compensation.

(2) Nothing in this section shall invalidate any law by reason only that

it provides for the taking possession of any property or the acquisition of

any interest in or right over property-

(a) in satisfaction of any tax, rate or due;

(b) by way of penalty for breach of the law or forfeiture in consequ-

ence of a breach of the law;

(c) by way of taking a sample for the purposes of any law;

(d) as an incident of any deposit required to be made with the Government of a reasonable number of copies of every book, magazine, newspaper or other printed work published in Belize, (e) where the property consists of an animal, upon its being found

trespassing or straying;

as an incident of a lease, tenancy, mortgage, charge, bill of sale or any other right or obligation arising under a contract; (g) by way of requiring persons carrying on business in Belize to deposit money with the Government or an agency of the Govern ment for the purpose of controlling credit or investment in Belize; (h) by way of the vesting and administration of trust property, enemy property, the property of deceased persons, persons of unsound mind or persons adjudged or otherwise declared bank- rupt or the property of companies or other societies (whether incorporated or not) in the course of being wound up;

(i) in the execution of judgments or orders of courts;

() in consequence of any law with respect to the limitation of

actions;

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