TNAG-2174-FCO40-3111-Hong-Kong-Bill-of-Rights-1990 — Page 33

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In this respect, Amnesty International reiterates its concern that the residents of the HKSAR should be entitled to the most protective provisions whenever there is conflict between the Bill of Rights and the Basic Law or other legislation. As noted earlier, Amnesty International also considers that there must be some means of ensuring that the fundamental human rights protections in the Bill of Rights are not infringed by subsequent enactments.

10. CONCLUSION

Amnesty International is grateful for the opportunity to comment on the Draft Bill of Rights issued by the Government of Hong Kong. In this memorandum, Amnesty International has identified some human rights concerns about the Draft Bill of Rights, in light of the Basic Law. It also has suggested measures which it considers essential to ensure, in accordance with the pledge in the Joint Declaration, that the International Covenants on Human Rights shall "remain in force" in Hong Kong after 1997.

Accordingly, Amnesty International expresses the following concerns:

(1) The Draft Bill of Rights does not provide for recognition of

international monitoring procedures which are necessary to ensure that the International Covenants "remain in force".

(2)

(3)

(4)

(5)

(6)

Domestic implementation of the Bill of Rights should be strengthened by providing that the Bill of Rights may be invoked in any administrative, civil or criminal proceeding, that any person who believes that his/her rights have been violated shall be able to seek redress in a court, and that the courts have the power to review the compatibility of any laws with the rights and freedoms guaranteed in the Bill of Rights. A tort remedy alone would be insufficient.

The Draft Bill of Rights may not adequately protect against the detention of prisoners of conscience for peaceful political activity, which might occur under the Basic Law.

The Draft Bill of Rights provides for protection against the deprivation of the right to life, but should include the assurance that the current policy of not carrying out the death penalty will be maintained.

The Draft Bill of Rights should not include reservations which infringe the internationally-recognized rights of prisoners or of asylum-seekers.

The Bill of Rights will not adequately protect Hong Kong residents in a state of emergency, because of the Basic Law's sweeping provisions.