TNAG-1789-FCO40-2549-Hong-Kong-Vietnamese-refugees-general-1989 — Page 298

HONG KONG LEGISLATIVE COUNCIL - 2 November 1988

香港立法局 ——————————一九八八年十一月二日

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ATTORNEY GENERAL: Sir, the purpose of the report, as I said in my main reply, is to report on measures adopted which give effect to the rights recognized in the covenant. To that extent, it is a factual description of, as the words say, measures taken to give effect to covenant rights. Section 27 was not mentioned in the Second Periodic Report because it is not a section that clearly comes within the scope of Article 40. But that is not to say therefore we believe that section 27 is inconsistent with the international covenant.

MR. ANDREW WONG: Sir, since we are referring to the paragraphs of the Second Report, will the learned Attorney General inform this Council whether or not the Government is prepared to lay a copy of this Second Report on Hong Kong's human rights situation on the table of this Council? If so, when? And will a Chinese translation be provided? If not, what reasons or considerations does the Government have for not formally doing so?

ATTORNEY GENERAL: Sir, the report is the report of the British Government in relation to all its dependent territories. I shall need to consider whether such a document can properly be tabled in this Council.

MR. HUI: Sir, could the Administration inform this Council why there has been such a great delay in the presentation of the Second Periodic Report, the first report having been presented in 1984? And is it envisaged that there will be another periodic report submitted on Hong Kong before 1997?

ATTORNEY GENERAL: Sir, under Article 40, states parties are required to submit reports when requested by the Human Rights Committee. I do not know when the request to the British Government that prompted the present report, which, Sir, I have said relates to all dependent territories, is made. I shall endeavour to find out and let Mr. HUI have a written reply. As to the second part of his question, I repeat that reports are submitted on the request of the Human Rights Committee. I could not of course say whether the committee will request a further report on Hong Kong before 1997. (Annex VI)

MR. MARTIN LEE: Sir, will the Administration inform this Council: (1) whether it is the intention of the Hong Kong Government to press Her Majesty's Government to become a signatory to the Optional Protocol to the International Covenant on Civil and Political Rights so that individuals in Hong Kong claiming to be victims of violations of any of the rights set forth in the said covenant can lodge their complaints with the Human Rights Committee and (2) if not, why not?