3. THE CONTINUED APPLICATION OF THE INTERNATIONAL COVENANTS
3.1 First Draft Basic Law
The first draft of the Basic Law issued in April 1988 did not adequately ensure the continued effectiveness of the two International Covenants after 1997. Article 38 stated simply: "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 be implemented through legislation by the HKSAR".
Amnesty International urged that the People's Republic of China should become a party to the International Covenants or that "Hong Kong, China" be permitted to ratify the Covenants.
3.2 Revised Draft Basic Law
The revised Draft Basic Law issued in February 1989 did not resolve Amnesty International's concern about how the International Covenants would "remain in force" in Hong Kong after 1997, as promised in the Joint Declaration. Article 39 improved upon the previous draft, but still did not address the essence of Amnesty International's concerns, stating:
"The provisions of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights and international labour conventions as applied to Hong Kong shall remain in force and shall be implemented through the laws of the Hong Kong Special Administrative Region.
"The rights and freedoms enjoyed by Hong Kong residents shall not be restricted unless prescribed by law. Such restrictions shall not contravene the provisions of the preceding paragraph of this Article."
The revised draft did not explain how the Covenants would be implemented into HKSAR law, nor did it clarify whether it would maintain the Human Rights Committee's role in monitoring the International Covenant on Civil and Political Rights. The same considerations apply to the monitoring role of the Committee on Economic, Social and Cultural Rights, with respect to that Covenant. Amnesty International urged that the Basic Law clearly indicate that the International Covenant on Civil and Political Rights will form a part of the law of the HKSAR which can be enforced directly by the courts and which is otherwise enforceable in the HKSAR. Further, it should be clarified how the HKSAR will remain bound by the Covenants and subject to the reporting obligations to the relevant international committees regarding compliance with the Covenants. Amnesty International will continue to urge the People's Republic of China to ratify the International Covenants.
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