TNAG-2320-FCO40-3364-Human-rights-in-Hong-Kong-1991 — Page 232

of the Bill of Rights and persuade them that it does not threaten their interests. We hope that they will accept the Bill of Rights as part of Hong Kong law after 1997.

4. The Optional Protocol to the ICCPR, which gives individuals the right of petition to the Human Rights Committee, has not been extended to Hong Kong. This issue

will be considered once the Bill of Rights has entered into

force and the provisions of the Covenant are therefore

justiciable in Hong Kong courts (no action would be taken

under the Protocol until all remedies in local courts had

been exhausted).

5.

Hong Kong Government have begun a review of Hong Kong laws to identify any which are not compatible with the

Bill of Rights (and whose incompatability with the ICCPR had

not previously been spotted). We do not expect the review to involve massive changes to existing legislation. But one area which had been critisised is the laws governing the

Independent Commission Against Corruption (ICAC) which has wide powers of investigation. HKG believe that it is

possible to strike a balance between the need to comply with

the ICCPR and Bill of Rights and to maintain the efficiency of the ICAC and other law enforcing agencies.

Convention of the Elimination of all Forms of Discrimination

Against Women (CEDAW)

6. The UK and the PRC are already parties to CEDAW. We

have been considering for some time its extension to Hong

Kong. This is a complex issue since CEDAW specifically

requires the introduction of equal pay and other such legislation. The preparation and enactment of a Bill of Rights has preoccupied those concerned with human rights issues in the HKG for some time, but they expect to be able

to return to consideration of CEDAW when the Bill of Rights

is passed. It is worth pointing out that the Bill of Rights itself will make a significant contribution to the situation

MUKALF/2

VAS