TNAG-2173-FCO40-3110-Hong-Kong-Bill-of-Rights-1990 — Page 85

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Q.22

A.22

Q.23

A.23

Q.24

[Possible extension of the Optional

Optional Protocol to HK is also something to be considered (separately and later). Avoid mentioning this and Article 40 and 41 of the ICCPR which provide for external supervision in terms of reports to the UNHRC and state-to-state complaints. These are matters which have yet to be raised with the Chinese.]

Law

Commission

on

Freeze period. Conflicts with UK G and HKG statements that ICCPR has already been given full effect in HK?

Legislation is kept constantly under review, and improvements are made

made from time to time

(e.g. on going Reform

studies

loitering, stop-and-search, etc.) The system in HK has worked well and HK has a good record on human rights. However there are bound to be some areas of doubt regarding the full compatibility of existing law with the Bill of Rights. This has been the experience in other territories which have enacted Bills of Rights (e.g. the Canadian Charter). A review of existing legislation in progress. The freeze period will avoid the destabilising effects of legislative vacuums which may occur if statutory laws are found to be invalid, but, for practical reasons, there

are substantial delays before they can be replaced. The freeze period is now limited to two years.

Human rights education. What has been done and what will be done?

Distributed the second report to libraries in November 1988.

Distributed 10,000 bilingual copies together with

with explanatory leaflets to and the public (through DOS) in June copies now available.

UNHRC to public

of the Covenants schools, libraries this year. More

Human rights and rule of the law a major publicity area for the Civic Education Committee.

Law Society will launch a "legal awareness campaign" in 1990-91, subject to availability of resources.

Distributed the third report to UNHRC to public libraries in October 1989.

Public debate on the Bill of Rights also good education.

Why is it that the Bill of Rights based only on the International Covenant on Civil and Political Rights. Does this indicate that Government attach lesser importance to the International Covenant on Economic, Social and Cultural Rights?

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