TNAG-1846-FCO40-2621-House-of-Commons-Select-Committee-on-Foreign-Affairs-enquiry-1989 — Page 68

3. At present, the two Covenants are implemented in Hong Kong, as they are in the UK, through a combination of common law, legislation

and administrative rules. Thus, for example, Article 10 of the

ICESCR (substantially repeated in Article 23 of the ICCPR) declares

that the family is the natural fundamental group unit of society;

marriage is to be entered into freely; special protection 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 in Hong Kong. Article 9 of the ICCPR

provides that everyone has the right to liberty and security of

person; no one shall be subjected to arbitary arrest or detention

and anyone arrested or detained on a criminal charge shall be

entitled to trial within a reasonable time. The common law remedies

relating to habeas corpus and false imprisonment ensure the

availability of these rights in Hong Kong. Further, in addition to legislative provisions, the Police General Orders, which are

administrative rules, 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

the common law governing libel and slander. Article 26 of the ICCPR

is concerned with equality before the law. This right has been

guarded jealously by the legal profession and practice directions,

issued by the Chief Justice, are important administrative rules which give effect to this article.

4.

This system of protecting human rights through various

complementary means is not static, but is constantly evolving

through new legislation, developments in common law and equity and refinement of administrative practices. Legislation and rules are

kept under constant review so that any remaining inadequacies may be

exposed and remedied, and positive improvements made. The system

has worked well and Hong Kong has a good record on human rights.