18
The BOR
faithfully
Hong
ICCPR was applied to Government considered that
ICCPR.
reflects the
When the Kong on 20 August 1976 the all its laws, including those relating to the NT, were in conformity with that Covenant. The Government held the same view in 1984 when it accepted JDS 156, 204 and 205. The Government sees no need now to change its position. It will be open to any person who takes a contrary view, and who feels that his or her rights under the BOR are being infringed, to test the matter in the courts.
19
Consistent with the spirit of a Bill of Rights, local legislation would have to be judged in the light of the Bill, hence the ICCPR, and laws and practices in the NT could not be excluded from this.
20
It has always been open to the United Nations Human Rights Committee to question our NT policies in the context of our periodic report to the Committee under Article 40 of the ICCPR, but it has not so far done so.
21
Should a decision be taken by the courts or the UNHRC which is contrary to the Government's established NT policies, the problem referred to in paragraph 60 of XCC (90) 100 would arise and could be dealt with as recommended in that paragraph. We therefore do not propose to change that recommendation.
Preamble
22 read
We propose to
amend the preamble to the Bill to
"WHEREAS the International Covenant on Civil and Political Rights as applied to Hong Kong includes an undertaking to take the necessary steps to adopt such legislative or other measures as may be necessary to give effect to the rights recognized in that Covenant."
The wording "as applied to Hong Kong" would cover the reservations and declarations applicable to Hong Kong.
Meaning of the "State" in Articles 19 and 20
23
The word "State" is used in Article 19 (Rights in respect of marriage and family) and in Article 20 (Rights of Children).
appears in the corresponding
The word
articles in the ICCPR.
"State"
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