TNAG-2177-FCO40-3114-Hong-Kong-Bill-of-Rights-1990 — Page 80

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Such

fulfill the obligation, stated in Article 39 of the Basic Law, that the provisions of the Covenants "ramain in force." accession would ensure that the international monitoring procedure mandated by the ICCPR remain applicable to Hong Kong. The monitoring and reporting procedures are an integral part of the International Covenants and help provide that human rights practices are monitored regardless of future changes in governments. Such supervision plays a critical role in assuring the public that the government is accountable internationally for compliance with provisions of the Covenants, and also provides expert assistance in upholding obligations under the Covenants to

States concerned with compliance.

A

Short of full accession, the Law Group proposes that

the Bill of Rights contain a provision requiring the Hong Kong

Government to submit to the U.N. periodic reports on compliance

with the International Covenants as though Hong Kong were a party

to the Covenants. Along with this provision in the Bill of

Rights, the Hong Kong Government should enter into a Memorandum of Understanding with the U.N. providing for the terms by which

the parties would continue to maintain the monitoring and

reporting procedures.

*Article 40 of the ICCPR obligates every State Party to submit periodic reports on the measures adopted and progress made in assuring the rights under the Covenant. Reports of the state Parties are examined by the Human Rights Committee, composed of 18 experts elected by State Parties to serve in their individual capacities. In reviewing the reports, Committee experts engage in an open dialogue with state representatives in exploring the degrae of commitment and achievement in giving effect to the rights under the Covenants.