TNAG-2320-FCO40-3364-Human-rights-in-Hong-Kong-1991 — Page 174

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INFO ROUTINE PEKING, UKREP JLG HONG KONG

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MIPT: VISIT TO HONG KONG BY INTERNATIONAL COMMISSION OF JURISTS, 20-28 JUNE

TERMS OF REFERENCE OF ICJ MISSION TO HONG KONG

1. THE NATURE AND EXTENT OF THE RIGHT TO SELF-DETERMINATION OF THE PEOPLE OF HONG KONG BEFORE OR UPON THE TERMINATION OF THE COLONIAL STATUS OF HONG KONG UNDER INTERNATIONAL LAW, AS EVIDENCED IN THE UNITED NATIONS CHARTER, INTERNATIONAL HUMAN RIGHTS COVENANTS AND RELEVANT RESOLUTIONS OF THE UNITED NATIONS GENERAL ASSEMBLY, AND THE EXTENT TO WHICH THE UNITED KINGDOM HAS FULFILLED ITS OBLIGATIONS TO IMPLEMENT SUCH RIGHTS.

2.

THE EXTENT TO WHICH AFTER THE TRANSFER OF SOVEREIGNTY OVER HONG KONG FROM THE UNITED KINGDOM TO THE PEOPLE'S REPUBLIC OF CHINA IN 1997 THE JOINT DECLARATION, AGREED BETWEEN THE UNITED KINGDOM AND THE PEOPLE'S REPUBLIC OF CHINA AND THE BASIC LAW ENACTED BY THE NATIONAL PEOPLE'S CONGRESS OF THE PEOPLE'S REPUBLIC OF CHINA, ADEQUATELY PROTECT THE RULE OF LAW AND THE FUNDAMENTAL HUMAN RIGHTS OF THE PEOPLE OF HONG KONG AS RECOGNISED BY INTERNATIONAL LAW.

3. THE EXTENT TO WHICH THE DRAFT HONG KONG BILL OF RIGHTS ORDINANCE ADEQUATELY PROTECTS THE RULE OF LAW AND THE FUNDAMENTAL HUMAN RIGHTS OF THE PEOPLE OF HONG KONG AS RECOGNISED BY INTERNATIONAL LAW, INCLUDING THE EXTENT TO WHICH THE ORDINANCE CONFORMS TO INTERNATIONAL HUMAN RIGHTS LAW.

4.

THE STEPS, IF ANY, THAT ARE NECESSARY TO ENSURE:

(A) THAT ANY DEFAULT IN COMPLYING WITH INTERNATIONAL LAW, INCLUDING INTERNATIONAL HUMAN RIGHTS LAW, IS RECTIFIED BEFORE THE TRANSFER OF SOVEREIGNTY OVER HONG KONG IS EFFECTED IN 1997: AND

(B) THAT THE OBSERVANCE OF HUMAN RIGHTS IN HONG KONG, INCLUDING OF THE RELEVANT HUMAN RIGHTS INSTRUMENTS IS MONITORED

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