TNAG-2176-FCO40-3113-Hong-Kong-Bill-of-Rights-1990 — Page 211

the progressive realization of the rights guaranteed

under Article 25 of the ICCPR.

Among other serious limitations imposed by the

reservations in the Draft Bill of Rights, the restric-

tions on rights of entry and exit found in Section 11

directly conflict with protections guaranteed in the

ICCPR. See ICCPR, Articles 12, 13. Allowing the govern-

ment to apply immigration legislation "as it may deem

necessary from time to time" may jeopardize the freedom

of movement in and out of the colony which is one of the

cornerstones of life in Hong Kong. With such a reserva-

tion, the Draft Bill of Rights fails to implement the

Joint Declaration's guarantee that Hong Kong's "life-

style" will remain unchanged, including the freedom of

movement. See Joint Declaration, at Section 3(5).

1.

CONCLUSION

Based on all the foregoing, the International

Human Rights Law Group recommends that the UK and Hong

Kong Governments adopt the following recommendations to

provide a Bill of Rights in Hong Kong that adequately

gives effect to the rights recognized in the two Cove-

nants.

17