TNAG-1850-FCO40-2625-House-of-Commons-Select-Committee-on-Foreign-Affairs-enquiry-1989 — Page 35

JOGAGU (2)

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

CONFIDENCE? HOW EFFECTIVE WOULD A BILL OF RIGHTS BE?

Introduction of legislation in Hong Kong is a matter for Hong Kong Government. We are in close contact with Hong Kong Government over possibility of introducing Bill of Rights.

Original intention of Hong Kong Government was to await

promulgation of Basic Law before completing review of options,

including Bill of Rights. In light of recent events, Hong Kong Government are now reconsidering as a matter of priority the review

and the timetable for introducing any new legislation.

Although human rights in Hong Kong are currently protected

through combination of common law, statute law and administrative

practice, Bill of Rights would provide a codified and more readily

identifiable body of law giving very clear effect to the

International Covenants.

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.