TNAG-1722-FCO40-2415-Future-of-Hong-Kong-Basic-Law-1988 — Page 142

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HONG KONG legislative COUNCIL

13 July 1988

1859

Sir, in a free society there are still restrictions over human rights, and there- fore I agree to the restriction over human rights imposed by article 39, but the problem is that the six grounds for restrictions would subject the duties and rights listed in Chapter III to similar restriction. I think the scope should be narrowed down, because different societies have different degrees of tolerance. Hong Kong is a free and democratic society. The degree of tolerance is high here. Therefore, I think that it is necessary to delineate clearly in the article the extent of tolerance, which in turn should be based on the criteria for a free and democratic society.

Article 38 stipulates that International Covenant on Civil and Political Rights as well as the International Covenant on Economic, Social and Cultural Rights will be applicable to Hong Kong. Most Hong Kong people feel that it is not good enough to include the International Covenants applicable to Hong Kong. Therefore three remedies are put forward. First to introduce the provisions of the covenants into the Basic Law; or second, to stipulate very clearly in the Basic Law that the covenants must be respected; or third, to raise the status of the covenants so that they are above the law of Hong Kong. Any legislation drafted should not go against this covenants. I think, of these three remedies. the best one is to introduce the provisions of the covenants into the Basic Law so that the freedoms and rights of Hong Kong residents can be fully safe- guarded.

Sir, the conclusion I draw from what I have said is that some of the articles do not comply with my first two requests, and therefore I would really like to urge the Chinese Government to listen to my third request, that is to keep its word, because if the articles are not amended, it would be very difficult to safeguard the human rights of Hong Kong people.

The safeguarding of human rights depends on the provisions of the Basic Law, but if we de^ not have a sound and comprehensive legal system there will be no safeguarding of human rights. Regarding detailed analysis of the draft Basic Law to avoid repetition I will leave it in the capable hands of my hon. Colleagues.

Sir, finally, I would like to say something on the part of the Basic Law on education and these are views shared by myself and Mrs. Rita FAN. Article 142 stipulates that the Hong Kong SAR shall maintain the education system previously practised in Hong Kong, and the wording is very much the same as that for the Joint Declaration. We all think that this is worthy of our support and the aim is to protect the independence of Hong Kong education so that it does not have to follow that of the Chinese system, and the education system in Hong Kong can meet the needs of the Hong Kong community. Hong Kong is an international society, and that is why its education system must meet the needs of Hong Kong as well as those of the international community. I think we must respect the spirit of freedom in our present education system, but it does not mean that we have to completely preserve it for the future Hong Kong SAR