TNAG-2320-FCO40-3364-Human-rights-in-Hong-Kong-1991 — Page 207

HONG KONG

Hong Kong, a small, densely populated British dependency, is a free society with legally protected rights but without a broad democratic base. Its constitutional arrangements are defined by letters patent and royal instructions. Executive powers are vested in a British crown-appointed governor who holds extensive authority; ultimate control over the territory,

The however, rests with the United Kingdom Government. Governor, by convention, rarely exercises the full extent of his powers. The Government is advised by an Executive Council, the equivalent of a cabinet. The Legislative Council enacts legislation and approves the budget. The Judiciary is

an independent body adhering to English common law with certain variations. Fundamental rights ultimately rest on oversight by the British Parliament. In practice, however, Hong Kong largely controls its own internal affairs.

A well-organized civilian police force maintains public order and respects human rights of the populace. There have been, however, reports of harsh treatment of Vietnamese refugees by police forces during raids at refugee camps (see Section 2.d.).

Hong Kong's free market economy has developed into a center of light manufacturing and international finance. It serves as an investment center for trade with China and as a communication and transportation hub for Asia. The 1990 growth rate of 2.5 percent was considerably less than the 10- percent growth rate of previous years.

The June 1989 Beijing massacre severely shook local confidence in the territory's future prospects when it reverts to control by China in 1997. In response to these concerns, the Government in July formally introduced into the legislature a bill of rights, modeled on the International Covenant on Civil and Political Rights. Dealing with such matters as equal protection under the law and freedom of opinion and expression, the bill would override existing common law or statutory enactments. After the enactment of the bill of rights, there would be at least a 1-year "freeze" to enable preexisting laws to be made compatible with the bill. another move to strengthen the territory's democratic foundation, the Government in March also agreed to calls from the public to improve representative government by increasing the number of members to be elected in the territory's first direct legislative elections, scheduled for 1991. Problem areas remained the inability of the people to change their government, questions about some powers of arrest and search, potential film censorship, and treatment of refugees.

RESPECT FOR HUMAN RIGHTS

In

Section 1 Respect for the Integrity of the Person, Including

Freedom from:

a.

Political and Other Extrajudicial Killing

There is no evidence that such killings occurred.

b.

Disappearance

There were no reported disappearances.