TNAG-1845-FCO40-2620-House-of-Commons-Select-Committee-on-Foreign-Affairs-enquiry-1989 — Page 41

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22 March 1989]

[Chairman Contd

MINUTES OF EVIDENCE TAKEN BEFORE

RT HON SIR GEOFFREY Howe, QC, MR ROBIN MCLAREN, CMG, and MR ALAN PAUL

thought one can add is that there is this tremendous economic interlocking taking place and that there are now more people over the border from Hong Kong employed by Hong Kong enterprises than there are employed in manufacturing enterprises in Hong Kong. So there is a tremendous coming together and I dare say that, as the process continues, people will begin talking about further aspects of integration. It may be that company law, for example, will be flourishing on the mainland side of the frontier - but I think that we must limit our vision.

Chairman: Could we, still sticking with the Basic Law, look at some of the human rights implications

Mr Welsh?

Mr Welsh

25. Sir Geoffrey, in any negotiations that we take part in, one of the most important things is human rights. I think you would agree that this is one of the top things in any negotiations. It has been suggested to us that the provisions of the international convenants on human rights should be enshrined in the Basic Law itself. Would you agree?

(Sir Geoffrey Howe) I think what is happening, of course, is that the Basic Law has started off by providing for proper attention to be given to the human rights covenants, and in the sense that human rights covenants are effect in Hong Kong at the moment by a combination of statute law, common law and administrative regulations,They are being carried through into the Basic Law by the need to pay respect to the human rights charters. There may be a case for seeking to enact a Bill of Rights in Hong Kong as it is now.

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26. With regard to other negotiations that we have been in the British colonies, for example Gibraltar, Bermuda and others, the fundamental rights provisions of their constitutions take pre- cedence over other domestic laws. Why has this not been introduced in Hong Kong?

(Sir Geoffrey Howe) Because they are being pro- vided, or are going to be provided, as part of the domestic law. There is no such provision, of course, in this country, although discussion takes place about it, so I think the Hong Kong position is that they are there now through statute law, common law and administrative provisions and, as I say, it may be desirable to consolidate them into a Hong Kong Bill of Rights.

27. Can you give us an assurance, Sir Geoffrey, that on anything that we have discussed the human rights will be the fulerum and you will assure the

at the forefront people of Hong Kong that human rights will be

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written in some way into the agreement before it is finally comes? concluded?

(Sir Geoffrey Howe) If you start off with the Joint Declaration, that makes express provisions in this for respect for the various declarations on human

rights and the Basic Law itself contains explicit provisions on human rights. There is possibility of going beyond those provisions that are in the

[Continued

Basic Law in the form of a Hong Kong Bill of Rights consolidating everything at is certainly still open.

Mr Rowlands

In other words

28. Pursuing that point. Secretary of State, you mentioned that between now and 1997 the Hong Kong Government could initiate a new piece of legislation which ould be carried over after 1997 and be enforceable after the transfer?

(Sir Geoffrey Howe) That is the possibility, yes. As I say, starting off, as Mr Welsh pointed out, rights, the Joint Declaration makes provision for without any fundamental provisions on human

that and the Basic Law, therefore, to that extent provides for the fundamentals to be respected, but they have not been translated in detail into the laws of the territory and the possiblity is that they should now be translated into a Hong Kong Bill of kights which would form part of the existing law which would continue after the transfer had been made of power.

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29. We could do it and the Hong Kong Govern- ment could do that without consultation with the Chinese, so that obviously there will be in effect notification exchanges between now and 1997?

and

(Sir Geoffrey Howe) Yes. As I understand it, a good deal of Hong Kong law is still being enacted and changed. The whole process of the localisation of law in Hong Kong is taking place because a large part of the law of Hong Kong is derived without explicit enactment from the English Common Law and that is being put on the Hong Kong statute book where it is felt necessary to do it now, વા

but I think this would form part of the same process. The Basic Law provides for respect for the international human rights conventions and retention of the rights and freedoms, and if Hong Kong wished to wished localise and enact those more specifically into a Bill of Rights for Hong Kong there would be, as I understand it, no objection to that.

Mr Taylor

30. Secretary of State, without wishing to get ourselves involved in the affairs of the People's Republic of China, nevertheless certain events within the Chinese empire recently have caused concern when looking at the future of human rights beyond 1997. Has our Ambassador and, indeed, yourself made representations to the Government of China to make sure that they understand how sensitive this issue is in the lead-up to 1997 and beyond?

(Sir Geoffrey Howe) Yes. We obviously do retain very close contact with what is happening in China, not only on the legal and political front but also on the economic front, because the development of the debate there is of great importance. We do also, therefore, acknowledge the importance of the Chinese authorities' commitment to respect human rights, and recent events, for example, in Tibet have led us, as I think I have said before, to make plain to the Chinese Government our concern about the violence and loss of life there.