An
CCPR/C/SR.856 page 6
22.
Mr. LALLAH said that the frankness with which the United Kingdom delegation had replied to the questions raised by the members of the Committee attested to the desire of the United Kingdom Government to fulfil its international obligations towards Hong Kong, at least in so far as it was able to do so. According to the information made available, the Chinese Government was responsible for drafting the Basic Law in consultation with the United Kingdom Government and he hoped that the latter would ensure that the principles embodied in the Joint Declaration were faithfully reflected in the Basic Law. In view of its historical importance, the text of the Declaration might even be annexed to the Basic Law. The United Kingdom Government would have to ensure that those principles were being implemented because it had assumed obligations towards the inhabitants of Hong Kong when it had acceded to the Covenant.
23.
He would also like to have some clarifications concerning a few points. As he understood it, the authentic text of the Basic Law would be the Chinese text and he feared that that might give rise to some problems, since certain legal concepts, particularly those relating to common law, might be difficult to express in Chinese. Furthermore, the racial criteria which had been taken into account in trying to find a solution to the situation in Hong Kong were highly commendable, but they might not be applicable to some population groups who were not Chinese and who might have nowhere to go in 1997. He thought that it was now time to begin considering that problem.
24. With regard to self-determination, he would like to know who would be entitled to take part in the electoral process by which the members of the Legislative Council and the President of the Executive Council would be chosen by the population. According to the available information, moreover, the President of the Executive Council would nevertheless be appointed by the Chinese Government, which could then exercise a right of veto. He would therefore like to know whether measures would be taken to ensure that that did not happen and that, in practice, the electorate's choice would prevail. He was concerned by those questions because the situation in Hong Kong was a very new and disconcerting one that gave rise to a number of problems which would be difficult to solve.
25.
Mr. MAVROMMATIS said that, like Mr. Lallah, he was encouraged by the United Kingdom delegation's replies to the Committee's questions, which were intended mainly to help the United Kingdom Government in its efforts on behalf of the population of Hong Kong. Under article 1, paragraph 3, of the Covenant, the States Parties, including those having responsibility for the administration of Non-Self-Governing and Trust Territories, should promote the realization of the right to self-determination and should respect that right in conformity with the provisions of the Charter of the United Nations. In its General Comment No. 12, moreover, the Committee had recalled that those obligations existed irrespective of whether a people entitled to self-determination depended on a State Party to the Covenant or not and that it followed that all States Parties to the Covenant should take positive action to facilitate realization of and respect for that right. He considered that the United Kingdom Government could do even more to ensure fuller participation by Hong Kong's inhabitants in decisions of concern to them. would like to know exactly what had been involved in the consultation exercise that had been held and whether the population had shown its approval of the decisions taken by means of a vote.
He
No comments yet.
Private notes are available after approval.