TNAG-2512-FCO40-3665-Future-of-Hong-Kong-International-Rights-and-Obligations-(IR-1992 — Page 252

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31-JAN-1992 09:46

CONSTITUTIONAL AFFAIRS BR

+ 852 840 1976

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5. Administrative arrangements No

administrative

or

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.

7.

C. Recognition on equal footing of human rights

and fundamental freedoms

Elections to the municipal councils and district boards are based on wide franchise and on geographical constituencies. Electoral franchise is based on residency, irrespective of sex and race. An eligible elector has a free choice to register in the constituency in which he lives.

8.

ninc

There is an indirect system of elections to the Legislative Council. It involves an electoral college and functional constituencies covering various professions and sectors. The electoral franchise in respect of the electoral college is based on membership of the municipal councils and the district boards, whereas for functional constituencies it is based on membership of the relevant professional body or an organisation forming part of the relevant constituency. Having reviewed the decisions of

the 1988 White Paper on the Development of Representative Government, the Government decided to introduce a geographically based system of direct elections to elect 18 members to the Legislative Council in 1991.

9.

D. Invocation of provisions of the Convention

The Convention does not, of itself, form part of Hong Kong law. Short of an Act of the Parliament of the United Kingdom ΟΙ any 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 currently being drafted, (see paragraph

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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