TNAG-2174-FCO40-3111-Hong-Kong-Bill-of-Rights-1990 — Page 139

In a democratic society, there may be few concerns about such limitations. However under an authoritarian government, as is likely to be the case after 1997, such limitations could be used to severely limit human rights.

The national security provision is particularly worrying, because this clearly includes the national security of China, and therefore allows China a say in limiting the rights of the Hong Kong people. This, coupled with the power of the NPC Standing Committee to interpret such provisions, could lead to the derogation of rights which would be unacceptable in a democratic society.

We

are concerned that, for example, China could deem it in her national interest to bar news reports about unrest in Tibet or Xinjiang, about Amnesty International reports on human rights abuses in China, or about demands for independence in Taiwan.

This reinforces our belief that the power to interpret the Basic Law should be vested in Hong Kong courts as outlined above. We again call on the British government to impress this point on the Chinese government.

In addition, we consider it essential for the Hong Kong government to remember that the Bill of Rights sets down minimum standards, and that it should aim at strengthening human rights protection above and beyond the provisions in the ICCPR and

Bill. This should be an on-going process starting now.

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То ensure effective monitoring of the human rights situation here, Hong Kong should be allowed to become a party to the ICCPR. As

to submit signatory, the Hong Kong government would have periodical reports on its implementation of the ICCPR to the United Nations Human Rights Committee.

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We think Hong Kong should become a party to the ICCPR in its right because China is not a signatory, and therefore is obliged to submit periodical reports on Hong Kong's behalf. therefore call on Britain to formally raise this matter at upcoming meeting of the UN Human Rights Committee, which discuss the British government's third report on implementation of the ICCPR in Hong Kong. We understand this idea was raised at the November 1988 meeting of the UN

Rights Committee in Geneva, where members expressed interest at such novel idea. We hope Britain will take it up with the UN Human Rights Committee as a matter of urgency.

5) Reservations:

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The draft Bill of Rights lists six reservations which were made by the United Kingdom upon ratification of the ICCPR in 1976, when the covenant was also extended to the colony.

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