TNAG-2169-FCO40-3106-House-of-Commons-Foreign-Affairs-Committee-inquiry-into-Hong-1990 — Page 53

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by the Standing Committee of the NPC but it is very clear that the

provisions of the International Covenant are implemented, as they will be,

by the Bill of Rights which applies. As you rightly point out, the next

paragraph of Article 39 goes on to say: "The rights and freedoms enjoyed by

Hong Kong residents shall not be restricted unless as prescribed by law.

Such restrictions shall not contravene the provisions of the preceding

paragraph of this Article." It is that which imports into Hong Kong law

the provisions of the Covenant.

63.

It is precisely because of that difficulty that this Committee

was very strongly in favour of the setting up of a constitutional court in

Hong Kong that would be the last appellate tribunal to consider the human

rights aspects of the law, and we seem to have lost out on that one. It

goes back to Peking for interpretation at the end of the day.

(Mr Maude) It can do in some circumstances and subject to certain

procedures which are set out, I think, in Article 158 of the Basic Law.

But it is certainly not, I think, envisaged either by the Chinese and

certainly not by Hong Kong that this would be a routine practice in the

procedure. It would be for the courts, including the court of final

appeal. It is also provided for, I think, in the Joint Declaration as well

as the Basic Law to be set up in Hong Kong.

Mr Lawrence:

Let us hope not.

Chairman: Vital though these matters are, I am afraid time impels us

to move on finally to questions of nationality and international support

for the nationality package. Mr Lester?

64.

Mr Lester

The package of measures proposed under the British Nationality

(Hong Kong) Bill has been heavily criticised by the Chinese Government,

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Yes.