TNAG-2323-FCO40-3367-Hong-Kong-Bill-of-Rights-Vietnamese-boat-people-1991 — Page 45

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

ANNEX F = SECOND PERIODIC REPORT BY HONG KONG UNDER

ARTICLE 40 OF THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS

PART I =

Introduction

1. This report is supplementary to the first report by Hong Kong under Article 40(1)(a) of the International Covenant on Civil and Political Rights (CCPR/C/1/Add 37).

2-

The explanations provided in this report are confined to alterations to the laws of Hong Kong since the first report and to the manner in which any alteration has affected the rights recognized by the Covenant. As the legal rules concerning human rights are not solely recorded in legislative instruments as explained in paragraph 2 of the first report the explanations contained in this report should not be regarded as an exhaustive statement of the safeguards discussed as they are provided by law in Hong Kong.

PART II

Article 1

3. Further protection for wage earners has been provided in the Protection of Wages on Insolvency Ordinance 1985 which gives relief and protection for employees whose employers become insolvent; the Employment (Amendment) Ordinance 1985 which makes provision for long service payments on dismissal; and the Employment (Amendment) Ordinance 1987 which affords greater protection for women employees from dismissal due solely to their pregnancy. Rights of objection and the right to claim compensation was given to persons injuriously affected by works authorised under the Foreshore and Seabed (Reclamations) Ordinance 1985.

Article 2

4. Since 1978: the Law Society of Hong Kong has administered a Duty Lawyer Scheme whereby lawyers in private practice are deployed daily in all magistrates and juvenile courts to give free representation to those charged with certain criminal offences. The Scheme extends to Vietnamese refugees charged with any criminal offence and any legal fees and administrative costs incurred are borne by the United Nations High Commissioner for Refugees from funds received from Geneva.

5.

In May 1983, the Scheme was extended to cover the provision of free legal representation to persons appealing to the Administrative Appeals Rules Committee of the Executive Council.

6.

In

The Law Society also administers a Free Legal Advice Scheme which makes available some 300 Lawyers at six evening centres to advise those unable to afford to consult lawyers privately. 1983, the Society commenced a Tel law service. 26 tape scripts

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