TNAG-1846-FCO40-2621-House-of-Commons-Select-Committee-on-Foreign-Affairs-enquiry-1989 — Page 4

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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GOVERNMENT SECRATARIAT

852 5 940 1528 P.03

achieving progressively the full realization of

realization of the rights. recognised in the present Covenant by all appropriate means, including particularly the adoption of legislative measures'.

3.

At present,the two Covenants are implemented in Hong Kong, as they are

they are in the UK, through a combination of common law, legislation and administrative rules. Thus, for example, Article 10 of the ICES declares that the family is the natural and fundamental group unit of society; marriage is to be entered into freely; special protection should

should be afforded to mothers before and after child birth and special measures of protection should be taken on behalf of children and young persons including limits on their employment. Various Ordinances including the Marriage Ordinance, the Employment Ordinance and the Protection of Women and Young Persons Ordinance give effect to this article. Article 9 of the ICCPR provides that everyone has the right to liberty and security of person; no one shall be subjected to arbitrary arrest or detention and anyone arrested or detained on criminal charge shall be entitled to trial within a reasonable time. The common law remedies relating to habeas corpus and false imprisonment ensure the protection of these rights. Further, in addition to legislative provisions, the Police General Orders, which are administrative zules, set limits on the powers of police officers, for example, to stop and search for offensive weapons, Article 17 of the ICCPR provides, inter alia, for protection against unlawful attacks on an individual's honour or reputation. This is covered by common

&

2.

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