TNAG-2176-FCO40-3113-Hong-Kong-Bill-of-Rights-1990 — Page 196

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1. CONTINUING APPLICATION OF THE COVENANTS IN HONG KONG

On behalf of its colony Hong Kong, the United

Kingdom in 1976 ratified the International Covenant on

Civil and Political Rights ("ICCPR") and the Internation-

al Covenant on Economic, Social and Cultural Rights

("ICESCR"). By Joint Declaration in 1984, the United

Kingdom ("UK") and the People's Republic of China ("PRC")

agreed that the Covenants would continue to apply in Hong

Kong.

Article 39 of the Basic Law, adopted pursuant

to the Joint Declaration, affirms that agreement by pro-

viding that the ICCPR and ICESCR remain in force in Hong

Kong. 1 The Basic Law remains silent, however, on the

1

Article 39 states:

"The provisions of the International Covenant on Civil and Political Rights, 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 imple- mented through the laws of the Hong Kong Special Administrative Region.

The rights and freedoms enjoyed by Hong Kong residents shall not be restricted unless as pre- scribed by law. Such restrictions shall not contra- vene the provisions of the preceding paragraph of this Article"

•

The Basic Law of the Hong Kong Special Administra- tive Region of the People's Republic of China was adopted by the Seventh National People's Congress ("NPC") on April 4, 1990 ("Basic Law") Article 39.

2