TNAG-2512-FCO40-3665-Future-of-Hong-Kong-International-Rights-and-Obligations-(IR-1992 — Page 251

.31-JAN-1992 09:46

CONSTITUTIONAL AFFAIRS BR

+ 852 840 1976

P.07

Twelfth Periodic Report of Hong Kong under International Convention on the Elimination of All Forms of Racial Discrimination (due in 1992)

A. Policy on elimination of racial discrimination

1. Legislative arrangements The Government, 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 practices. 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 to 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.

Since April 1989, all new principal legislation and most new subsidiary legislation has been drafted in English and Chinese. Pre-existing legislation drafted in English is also being rendered into Chinese. At the time of the report, some 32 pre-existing ordinances have been so rendered and are awaiting the approval of the Executive and Legislative Councils. It is expected that the whole process of rendition will be completed in 1995. The English and Chinese texts of legislation are equally authentic for legal purposes.

3.

The Hong Kong Bill of Rights Ordinance, incorporating into Hong Kong law the provisions of the International Covenant on Civil and Political Rights as applied to Hong Kong, was enacted in June 1991. TO complement the protection afforded by the Bill of Rights, the Letters Patent, Hong Kong's primary constitutional document, have been amended so as to ensure that no law can be made in Hong Kong that restricts the rights and freedoms enjoyed in Hong Kong in a manner which is inconsistent with the ICCPR as applied to Hong Kong. The amendment came into operation at the same time as the Bill of Rights Ordinance. 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, have thus been strengthened,

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.