TNAG-2325-FCO40-3369-Hong-Kong-Bill-of-Rights-policy-1991 — Page 54

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INFO ROUTINE PEKING, UKREP JLG HONG KONG

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MIPT: BILL OF RIGHTS: LEGCO DEBATE

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1. OUR PROPOSED RESPONSES TO QUESTIONS LIKELY TO BE RAISED BY

LEGCO MEMBERS FOLLOWS:

(A) WITHDRAWAL OF THE ICCPR RESERVATIONS:

THE RESERVATIONS TO THE ICCPR WERE MADE BY THE UK GOVERNMENT FOR ITSELF AND ITS DEPENDENT TERRITORIES INCLUDING HONG KONG.

THE RETENTION OR REMOVAL OF EXISTING RESERVATIONS IN RESPECT OF HONG KONG IS THEREFORE A MATTER FOR THE UK GOVERNMENT. THE UK GOVERNMENT KEEPS UNDER REVIEW THE POSSIBILITY OF REMOVING RESERVATIONS PERTAINING TO HONG KONG. IF THE UK GOVERNMENT WISHED TO WITHDRAW ANY SUCH RESERVATIONS, THE HONG KONG GOVERNMENT WOULD OF COURSE BE CONSULTED AND CONSIDERATION WOULD HAVE TO BE GIVEN TO THE IMPLICATIONS FOR THE JOINT DECLARATION AND THE NEED TO ENSURE THE CONTINUITY OF THE RELEVANT OBLIGATIONS AFTER 1997,

(B) APPLICATION OF THE OPTIONAL PROTOCOL TO THE ICCPR TO HONG

KONG:

OUR PRIORITY IS THE IMPLEMENTATION OF THE JOINT DECLARATION AND THE BOR. THE QUESTION OF ACCESSION TO THE OPTIONAL PROTOCOL IS A MATTER FOR THE UK GOVERNMENT. THE UK GOVERNMENT HAS AT PRESENT NO PLANS TO ACCEDE TO THE OPTIONAL PROTOCOL. IF THE U K GOVERNMENT WERE TO ACCEDE, IT WOULD CONSULT THE VARIOUS DEPENDENT TERRITORIES INCLUDING HONG KONG ON WHETHER THE OPTIONAL PROTOCOL SHOULD BE EXTENDED TO THEM, AND

(C) POST-1997 REPORTING PROCEDURES UNDER THE ICCPR:

THE JOINT DECLARATION PROVIDES THAT ALL THE PROVISIONS OF THE ICCPR, INCLUDING THE REPORTING OBLIGATIONS UNDER ARTICLE 40 APPLIED TO HONG KONG, SHALL REMAIN IN FORCE AFTER 1997. THE PRECISE MODALITIES FOR REPORTING WILL BE THE SUBJECT OF

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