TNAG-2329-FCO40-3373-Hong-Kong-contacts-with-academics-and-writers-1991 — Page 126

"It is possible to conclude that several factors can

increase the success of human rights training for public officials: participants must have clear signals from senior departmental and/or political leaders as to what is their own professional responsibility vis-a-vis human rights policy, especially in the context of their official roles as representatives of their government's policies; it is essential that training be provided for senior as well as middle level functionaries, otherwise the initiative may be mistrusted or undervalued; senior officials should participate actively in training middle level officials and should be fully involved in designing the curriculum, and in setting clear course objectives. Intensive study of this sort is most effective when it takes place in a location separated from the normal work

environment."

5.39.

5.40.

Genuine reforms in line with a Bill of Rights can affect not just the structure of a system's institutions and its procedures, as well as its rights and its safeguards, but also the way in which its administrators and other personnel understand their function, and how they exercise their discretionary powers. In short, this is what "human rights" and accountability are about in practice How might the changes effect Hong Kong and U.K.? How might Commonwealth, European and U.S. practice be relevant in minimising disruption and enhancing the public benefit? RIPA could put together a programme on this.

Much is said about the Hong Kong Bill of Rights, and I do not want the Working Group to duplicate the work of others. In a seminar at the Faculty of Law at Hong Kong University in March 1990, a paper was presented by Dr. David Clark. He made some comments, which I have found helpful'. Perhaps they could be examined by the Working Group. They included the following propositions, all of which are attributable to him.

(a) "Human Rights protection in Hong Kong is impressive and it must

never be forgotten that Hong Kong is one of the few stable, prosperous and free Chinese societies anywhere. The maintenance of such a system is a compelling reason in support of the passage of the Bill. Many of the criticisms of the Bill are ill-informed

64 and do not take Hong Kong realities into account

(b) "The principal effect of a Bill of Rights is to change the

attitudes and behaviour both of public officials and the general public ...

The main reason for passing the Bill is to strengthen the foundations of the existing legal system and thereby to reassure ordinary people that their rights will be protected. is not device to oppose China nor should it be seen in this light.

It