TNAG-2320-FCO40-3364-Human-rights-in-Hong-Kong-1991 — Page 220

MR LENNOX-BOYD'S SANDWICH LUNCH FOR HUMAN RIGHTS NGOS:

15 JANUARY

HKC 241/2

RECEIVED IN RECISTRY

30 JAN 1991

HONG KONG

Joint Declaration and Basic Law provide for ICCPR and

ICESCR to remain in force in Hong Kong after 1997. No argument with Chinese about this.

-

(If pressed) Exact way in which this will happen is matter

for discussion before 1997 in special International Rights

and Obligations Sub-Group of the Joint Liaison Group.

-

Expect Hong Kong Bill of Rights to become law later this

year. ICCPR has been effectively implemented in Hong Kong

since application in 1976 the high combination of statute

law, case law, administrative regulations and practice.

Bill of Rights will pull this together into one piece of legislation and make it justiciable in Hong Kong laws.

We

- Chinese uneasy about Bill and question need for it.

have been holding discussions with them to try to allay their fears. Important point is that they already accept that ICCPR will continue to apply to Hong Kong. Bill of Rights merely reproduces ICCPR in local legislation.

-

(If raised) ICESCR not included in Bill of Rights. Its

provisions less suitable for inclusion in legislation which

is to be justiciable in the courts. It tends to set out

general aims and objectives. HKG will continue to implement the ICESCR effectively by other means.

NESAJQ/1

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