TNAG-2320-FCO40-3364-Human-rights-in-Hong-Kong-1991 — Page 221

BACKGROUND

HONG KONG

1. The Joint Declaration states that international

agreements to which the People's Republic of China is not a

party but which are implemented in Hong Kong may remain

implemented after 1997. It also specifically provides for

the International Covenant on Civil and Political Rights

(ICCPR) and the International Covenant on Economic, Social

and Cultural Rights (ICESCR) to remain in force. The

International Rights and Obligations Sub Group of the Joint

Liaison Group was set up to discuss the exact mechanism by

which the international rights and obligations under such

international agreements may be passed from the UK to China. The ICCPR and ICESCR will be discussed in the sub-group in

due course.

2.

A Bill of Rights for Hong Kong was introduced to the

Hong Kong Legislative Council on 25 June. Its second

reading has been delayed because the Legislative Council

required more time to study the detail. Hong Kong

Government expect it to become law later in 1991. Since the

Basic Law and Joint Declaration provide for the continued

application of the ICCPR after 1997 and we have ensured that

the Bill of Rights is compatible with the Basic Law (China's mini constitution for Hong Kong after 1997), we can see no reason why they should have difficulty. We have been trying

to persuade them that the Bill does not threaten their interests and that it will help Hong Kong confidence if they could indicate that it will continue to be Hong Kong law

after 1997.

3. The Human Rights Committee will hear the UK and

Dependent Territories third periodic report under the ICCPR in April this year. Hong Kong Government will on that occasion give a full account of the implementation of the

ICCPR in Hong Kong and of progress on the Bill of Rights.

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