TNAG-1850-FCO40-2625-House-of-Commons-Select-Committee-on-Foreign-Affairs-enquiry-1989 — Page 149

C: HUMAN RIGHTS

ARE THE HUMAN RIGHTS PROVISIONS OF THE BASIC LAW ADEQUATE?

Second draft of Basic Law improved upon first draft.

But still some shortcomings: some rights are individually

identified not necessarily in same way as those provided by the

Covenants

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while others are protected only by reference to the Covenants; and the provisions generally apply only to Hong Kong residents rather than to all people present in Hong Kong.

Sure BLDC will take account of further views put forward.

WOULD THE INTRODUCTION OF A BILL OF RIGHTS IN HONG KING REINFORCE

CONFIDENCE? HOW EFFECTIVE WOULD A BILL OF RIGHTS BE?

Introduction of Bill of Rights in Hong Kong is one option under consideration in Hong Kong.

Although human rights in Hong Kong are currently protected

through combination of common law, statute law and administrative

practice, Bill of Rights would provide "written title" to the

rights.

CAN HONG KONG BECOME A SEPARATE PARTY TO THE COVENANTS BY VIRTUE OF

ITS MEMBERSHIP OF UN SPECIALISED AGENCIES?

Do not believe this is possible under terms of Article 48 of

International Covenant on Civil and Political Rights and Article 26

of International Covenant on Economic, Social and Cultural Rights.

Read as a whole, these Articles seem designed to cater for States,

not for non-sovereign territories such as Hong Kong.

Understand Legal Counsel to the United Nations share that view.