BACKGROUND
Joint Declaration and Basic Law
1.
The Chinese have agreed in both documents (Joint
Declaration Annex I Section XIII Para 4 and Basic Law
Article 39) that the two UN covenants (International
Covenant on Political and Civil Rights and International
Covenant on Economic Social and Cultural Rights) shall
continue to apply to Hong Kong after 1997. We have yet to discuss in detail with the Chinese the exact mechanism by which the relevant international rights and obligations will be transferred to China (given that China is not at present
a party to either Covenant). We shall do this at some time between now and 1997 in the special sub-group of the Joint Liaison Group which deals with international rights and
obligations.
Implementation of ICCPR/Bill of Rights
2. Since its extension to Hong Kong in 1976, the ICCPR has been effectively implemented in Hong Kong through a combination of statute law, regulations, administrative
practice and common law. The Bill of Rights will draw the provisions of the ICCPR as applied to Hong Kong together into a single clear document and make those rights justiciable in Hong Kong courts. We believe it will enhance and make more accessible to the average person the protection of civil and political rights in Hong Kong. The Bill is due to receive its second reading shortly and we
expect it to become law later in 1991.
3. The Chinese do not like the Bill of Rights: they believe
that the provisions in the Basic Law on human rights are
adequate and suspect the Bill is an attempt to
"internationalise" human rights issues in Hong Kong. We have held many discussions to explain the specific purpose
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