TNAG-2173-FCO40-3110-Hong-Kong-Bill-of-Rights-1990 — Page 37

COMMENTARY ON THE DRAFT

HONG KONG BILL OF RIGHTS ORDINANCE 1990

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INTRODUCTION

Members of the public are invited to comment on the draft of the Hong Kong Bill of Rights Ordinance 1990, by 16 May 1990. Submissions should be addressed to:

Secretary for Constitutional Affairs

Government Secretariat

3/14, Central Government Offices (Past Wing)

Lower Albert Road

Hong Kong

BACKGROUND

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In 1948 the General Assembly of the United Nations adopted the Universal Declaration of Human Rights. The Declaration set out the general principles of human rights ‘as a common standard of achievement for all peoples and all nations'.

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The Declaration was, however, simply a set of guidelines, and imposed no obligation to put the principles it described into practice. In 1966, therefore, two human rights treaties, the International Covenant on Civil and Political Rights (ICCPR), and the International Covenant on Economic, Social and Cultural Rights (ICESCR) were adopted by the United Nations. The Covenants set out the basic human rights and fundamental freedoms, and imposed an obligation on all States which became parties to them to implement those rights by all appropriate means. The Covenants came into force in 1976. In the same year the Government of the United Kingdom ratified the Covenants in respect of the United Kingdom and dependent territories, including Hong Kong.

4. In 1984 the British and Chinese Governments agreed that the Covenants should continue to be applied to Hong Kong after 1997. The Sino-British Joint Declaration states that 'the provisions of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights as applied to Hong Kong shall remain in force'. This provision is reflected in Article 39 of the draft Basic Law.

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