TNAG-1842-FCO40-2617-House-of-Commons-Select-Committee-on-Foreign-Affairs-enquiry-1989 — Page 61

ARE YOU SATISFIED WITH HUMAN RIGHTS PROVISIONS IN BASIC LAW GIVEN GROWING CONCERN ABOUT CHINA'S HUMAN RIGHTS RECORD?

- Were criticisms that first draft allowed restrictions to be placed

on human rights which were inconsistent with International

Covenants.

Covenants.

Now rectified: any restrictions must not contravene

Second draft prohibits 'arbitrary' arrest or search.

First draft contained no prohibition on torture. prohibited in second draft.

Torture

-

But there have still been some criticisms because some rights are individually identified while others are protected only by reference to the Covenants; and because Chapter III applies only to residents rather than all people in Hong Kong.

SCOPE FOR FURTHER IMPROVEMENT?

- Has been criticism that Covenants are still not directly incorporated into Basic Law. Possible that before 1997 PRC may become party to Covenants which would also include Hong Kong.

Have also been suggestions that if present text remains unaltered, would need a Bill of Rights in' Hong Kong as some human rights are

Chinese have covered by common law and some by statute law. indicated that they would not be opposed to introduction of Bill of Rights. Hong Kong Government are currently studying implications present wording of Basic Law is ultimately adopted.