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OUT HOUSE HK
'89 10-26 12:03
Article
Art. 31
Art. 39
Problem
It is incorrect to extend "freedom of entry" to all residents as such a freedom is the right of "permanent residents" only. The third sentence falls short of JD 167 whose application is not confined to HK residents.
(a) Para. 1 is unsatisfactory in
so far as the reference to International Labour Conventions (ILCs) is concerned:
(i)
In contrast with the two Covenants on human rights, the IICs are frequently
supplemented or their application to HK amended. The requirement to
implement the ILCS "as applied in Hong Kong" will ossify the implementation of ILCS in the SAR.
CONFIDENTIAL
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Suggested Solution
Proposed redraft is as follows:
"Hong Kong residents shall have the freedom of movement within the Hong Kong SAR, and the freedom to travel and of emigration to other countries and regions. Unless restrained by law, holders of valid travel documents shall be free to leave the Hong Kong SAR without special authorisation."
(a) Propose that the reference to
IICS be deleted from Art. 39 and a new provision be inserted in Chapter VI as follows:
"The provisions of International Labour
Conventions as applied to the Hong Kong SAR shall be implemented through legislation or other action."
Remarks
Channels:
-
Legal experts meeting Zheng Weirong
- BLDC/BLCC interlocutors
Actions taken:
The
This has been raised in 'the legal experts channel. Chinese were unreceptive.
(a) Channels:
Legal experts meeting Zheng Weirong
BLIC/BLCC interlocutors
Actions taken:
- This has not been raised
with the Chinese.
CONFIDENTIAL
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