TNAG-2156-FCO40-3076-International-Covenant-on-Civil-and-Political-Rights-(ICCPR)-1990 — Page 148

CCPR/C/58/Add.6 page 116

Article 4

28.

A general description of the powers of the Governor in Council under the Emergency Regulations Ordinance was given in paragraphs 8 and 124 of the second periodic report of the United Kingdom on its dependent territories (CCPR/C/32/Add.14, annex F). While there are no defined criteria for deciding when a state of emergency should be declared, the Governor in Council would consider declaring a state of emergency only if there were either an internal threat or an external one or a combination of the two that might disrupt the essential functions of the territory.

29. As previously explained, no existing legislation in Hong Kong would allow derogation from articles 6, 7, 8, 11, 15, 16 or 18 of the Covenant. Nor would the Administration of Hong Kong contemplate introducing such legislation at any time.

At present, however, there is no provision in Hong Kong law to prevent introduction of emergency legislation which would override existing ordinances or regulations. Because of this, in the context of consideration of a local bill of rights, thought is being given to the inclusion of a clause that would explicitly preclude the introduction of any legislation that would derogate from the International Covenants.

30.

In connection with the consideration of the second report, the Human Rights Committee asked for examples of subsidiary legislation regulating the exercise of the powers of the Governor in Council under the Emergency Regulations Ordinance. The relevant pieces of subsidiary legislation are as follows:

(a) Emergency (Deportation and Detention) Regulations

These provide for individuals subject to deportation or detention orders to be heard before a tribunal, and lay down the arrangements to be made in the event of imprisonment or deportation of an offender;

(b) Emergency (Deportation and Detention) (Advisory Tribunal) Rules

These establish the types of information and evidence which may be considered by a tribunal;

(c) Emergency (Deportation and Detention) (Forms) Order

This specifies the layout and content of warrants for both initial and further detention;

(d) Emergency (Principal) Regulations

These specify the procedures to be followed in particular areas of concern when the Emergency Regulations Ordinance has been brought into effect. The areas of concern are as follows:

(i) Censorship and control of publications and means of

communication;

(ii) Arrest, detention, exclusion and deportation;