TNAG-1843-FCO40-2618-House-of-Commons-Select-Committee-on-Foreign-Affairs-enquiry-1989 — Page 42

MAXABE

(£) BASIC LAW : HUMAN RIGHTS

Human rights provisions satisfactory?

There were criticisms that the first draft allowed restrictions to

be placed on human rights which were inconsistent with the two

International Covenants. This has now been rectified: any

restrictions imposed by Hong Kong law must not contravene the

Covenants.

The second draft also prohibits 'arbitrary' arrest or search.

- The first draft contained no prohibition on torture. Torture is

prohibited in the second draft (Article 28).

But there are still some shortcomings: some rights are

individually identified while others are protected only by reference to the Covenants; and the provisions apply only to Hong Kong

residents rather than to all people present in Hong Kong.

-

"The

These problems could be overcome if a Bill of Rights were to be

introduced in Hong Kong. The Hong Kong Government are currently

studying the possibility of this. (The draft Basic Law states

provisions of the Covenants.. shall be implemented through the laws of the SAR"). Chinese officials have publicly indicated that they would not be opposed tổ a Bill of Rights in Hong Kong.

·

Need for preeminent human rights provisions in constitution as in

other Dependent Territories?

The Basic Law is of course a form of constitutional charter for

Hong Kong, and contains explicit provisions on human rights. But as

I have indicated, the possibility of introducing a Bill of Rights is

very much still open.

For the present, the human rights Covenants are given effect in Hong Kong by a combination of statute law, common law and

administrative regulations.

of these into a statute.

It may be desireable to consolidate all