ال الدية بجدة :
CCPR/C/SR. 856 · page 12
The CHAIRMAN read out section IV of the list relating to the state of
emergency.
59.
60.
Mr. FEARN (United Kingdom) said that, with regard to Hong Kong, examples of the exercise of the powers conferred on the Governor in Council under subsidiary legislation were given in paragraphs 8 and 124 of annex F to the second period report (CCPR/C/32/Add.14). In Gibraltar, the only subsidiary legislation in force was the Defence (Finance) Regulation and regulations for the Falkland Islands were being drafted. In the other territories, no subsidiary legislation existed because there had so far been no need for it. His delegation could provide the Committee with copies of the text of those regulations.
61.
Mr. MAVROMMATIS, noting that the Emergency Regulations Ordinance did not provide for any restriction on the powers of the Governor in Council, said he thought that the time had come to include in that Ordinance the provisions of article 4 of the Covenant which dealt with the conditions for the proclamation of a state of emergency, so that they would appear in a text when the territory came under Chinese sovereignty.
62.
Mr. LALLAH recalled that, in 1987, preparatory work on a draft law on the implementation of the Covenant had been undertaken in Hong Kong, but had subsequently been abandoned. He asked whether, on that occasion, there had been any question of including in the draft law rights from which there could be no derogation during a state of emergency.
63.
During the events in the Falkland Islands in 1982, had a state of emergency been proclaimed in the territory and, if so, had the United Kingdom Government fulfilled the obligation incumbent on States Parties under article 4, paragraph 3 of the Covenant?
64.
Mr. FEARN (United Kingdom) said that events in the Falkland Islands in 1982 had occurred so suddenly that the British Governor had not had time either to proclaim a state of emergency or to notify the other States Parties.
65.
Mr. MARTIN (United Kingdom) recalled that the Emergency Regulations Ordinance for Hong Kong had been enacted in 1967, before the entry into force of the Covenant, and had never been invoked since then. It was a set of rules that listed the powers conferred on the Governor in Council in the public interest, as shown in paragraph 8 of annex F to the second report (CCPR/C/32/Ada.14, p. 62); the Committee could rest assured that that Ordinance did not allow any derogations other than those permitted by the
Covenant.
66.
It was true that consultations had been held in Hong Kong on the possible drafting of human rights legislation to give effect to the provisions of the Covenant; that idea had not been abandoned.
67.
In reply to a question by Mr. POCAR, Mr. FEARN (United Kingdom) said that, as far as he knew, the United Kingdom authorities had not derogated from any article of the Covenant after regaining control of the situation in the Falkland Islands.
68.
The CHAIRMAN read out section V of the list relating to the right to life.
No comments yet.
Private notes are available after approval.