TNAG-2174-FCO40-3111-Hong-Kong-Bill-of-Rights-1990 — Page 140

www

We deeply regret that no mention is made of the most fundamental human right

historical that of self-determination. In spite of and geopolitical circumstances which are beyond our control, want to put on the record our profound regret and revulsion at being denied the right to self-determination.

we

to

Both the Joint Declaration and the Basic Law make reference the ICCPR as applied to Hong Kong. This, in our view, does not imply that the current reservations must be maintained before and after 1997. Indeed it should not preclude the possibility of all reservations being withdrawn.

We believe the British government

in

the

should work progressively towards the elimination of all the reservations listed Bill of Rights. This would show to the world that the government is sincere about gradually improving the human rights situation in Hong Kong.

In particular, we are concerned about the reservation related

to article 22 in the draft Bill of Rights. We believe that democracy is essential for the well-being of Hong Kong, and in particular to ensure that limitations in the draft Bill are not abused. We call on the British government to repeal this reservation as soon as possible, to allow for a legislature which is fully elected by universal suffrage.

We

are also concerned about reservations related to immigration policy. We are worried that entry, residence and departure policies could be based on race, which would be contrary to article 1 in the draft Bill.

be

Further, we are worried that immigration policy could implemented for political purposes, for example, for the granting of work permits to journalists, whether they be aliens or former residents of Hong Kong. China now uses immigration procedures to control the entry and stay of journalists. We are fearful that the Hong Kong government, under pressure from China, might resort to similar measures.

We also. believe there is no valid reason to maintain a reservation related to the right of review for non-permanent residents who are deported from Hong Kong. The existing deportation procedures could be used against journalists who, for example, have become politically embarrassing to the government.

The reservation related to propaganda for war or advocacy of national, racial or religious hatred should likewise be dropped. We fail to understand why legislation related to such fundamental issues cannot be enacted to ensure full compliance with ICCPR.

the

P.5