TNAG-2512-FCO40-3665-Future-of-Hong-Kong-International-Rights-and-Obligations-(IR-1992 — Page 248

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

.31-JAN-1992

09:44

CONSTITUTIONAL AFFAIRS BR

+ 852 840 1976

P.04

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No administrative or

5. Administrative arrangements other measures in Hong Kong are contrary to the provisions of the Convention.

6.

B. General legal framework in which racial discrimination is defined

"Racial discrimination" is not, as such, defined

in the laws of Hong Kong.

C. Recognition on equal footing of human rights

and fundamental freedoms

For the Report ending December 1991

7.

A system of direct election to the Legislative Council based on geographical constituencies was introduced in September 1991. Concurrently the system of indirect elections through functional constituencies continues. Members elected through these systems account for 65% of the total membership of the Legislative Council.

8.

Electoral franchise for direct elections to the Legislative Council, municipal councils and district boards is based on residency, irrespective of sex and race. With minor exceptions, every person of the age of 21 years or above and who has been registered as an elector, and having been ordinarily resident in Hong Kong for ten years or more, can be nominated for these direct elections if supported by ten electors in the relevant constituency.

D. Invocation of provision of the Convention

9.

The Convention does not, of itself, form part of Kong Kong law. Short of an Act of the Parliament of the United Kingdom or an Order by the United Kingdom, the Convention could not become part of Hong Kong law unless the Legislative Council in Hong Kong implements it through legislation. The Government is satisfied that racial discrimination is not a problem in Hong Kong. The Royal Instructions, in conjunction with the Bill of Rights Ordinance and the amended Letters Patent, (see paragraph 3 above) will provide a sufficient guarantee that there is no discrimination in law. The Government does not, therefore, consider it necessary to implement the Convention in the form of law.

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