TNAG-2512-FCO40-3665-Future-of-Hong-Kong-International-Rights-and-Obligations-(IR-1992 — Page 247

31-JAN-1992 09:39

CONSTITUTIONAL AFFAIRS BR

+ 852 840 1976

P.03

Eleventh Periodic Report of Hong Kong under International Convention on the

Elimination of All Forms of Racial Discrimination (due in 1990)

A. Policy on elimination of

practices,

discriminatium

Government,

1. Legislative arrangements The

satisfied that racial discrimination is not a problem in Hong Kong, has. not considered it necesssary to introduce any law aimed at eradicating racially discriminatory behaviour and In enacting legislation, however, the Governor is by virtue of the Royal Instructions of 1917 and 1986 prohibited from giving his assent to any bill whereby persons not of

European birth or descent are not also subjected or made liable

any disabilities or restrictions to which persons of European birth or descent are not also subjected or made liable, unless he has had prior permission from Her Majesty's Government to do so.

2

to

Since April 1989, all new principal legislation and most new subsidiary legislation has been drafted in English and Chinese.

The English and Chinese texts of legislation are equally authentic for legal purposes.

3.

Following its

announcement in October 1989 that a Bill of Rights would be introduced into the Legislative Council by July 1998, the Government published in March 1990 a draft of the Bill of Rights Bill for public consultation in â publication entitled 'Commentary on the Draft Hong Kong Bill of Rights Ordinance.' The draft Bill, if enacted, was to incorporate into the law of Hong Kong the provisions of the International Covenant on Civil and Political Rights as applied to Hong Kong. It was expected to be enacted in 1991. The draft Bill was designed to further strengthen the equal enjoyment of rights and equal protection of the law regardless of one's race, colour or national or ethnic origin, as guaranteed in the Covenant.

4. Judicial arrangements In Hong Kong, all persons regardless Of their race, colour or national or ethnic origin are equal before the law and have equal access to the courts. Subject to certain objective criteria, legal aid is available to all. Both English and Chinese being the official languages are used in the lower courts. Although proceedings in the higher courts are conducted in English, ample interpretation facilities are provided for non-English-speakers. The Government is considering how a greater use of the Chinese language may be introduced in the higher courts. It is the Government's stated objective that more judicial posts be filled by local candidates.