TNAG-2512-FCO40-3665-Future-of-Hong-Kong-International-Rights-and-Obligations-(IR-1992 — Page 92

: 859 2942 (0)

817 9322 (H)

FAX: 559 3543

ANDREW C. BYRNES

Mr Douglas Hurd,

Foreign Secretary,

Foreign and Commonwealth Office,

LONDON

U.K.

October 4, 1992

FACULTY OF LAW

UNIVERSITY OF HONG KONG POKFULAM ROAD HONG KONG

Dear Minister,

I am writing to you in relation to a number of aspects of Hong Kong's obligations under a number of human rights treaties which have been extended to it by the United Kingdom Government or which may possibly be extended to it. I hope that you will be able to provide me with information in response to the questions set out below.

1. UNITED NATIONS CONVENTION AGAINST TORTURE

In its reports to the UN Human Rights Committee the Hong Kong Government has stated that the extension of the Torture Convention to Hong Kong could not take place until after the enactment of Hong Kong legislation which would give effect to the obligations under the Convention. That date was variously estimated as being February 1990 and then February 1991.

As you know, the Convention has still not been extended to Hong Kong, even though the implementing legislation passed through the Legislative Council some months ago. I understand that part of the reason for delaying may have been that the United Kingdom Government may have wanted to extend the Convention to a number of dependent territories at the one time. However, I notice that in the latest batch of reports from the UN under the Torture Convention the United Kingdom has submitted reports in respect of a number of its dependent territories. There seems to be no reason why the extension of the Convention to Hong Kong should be delayed even further.

a. I would be grateful to know the reasons why the Convention has still not be extended to Hong Kong and for details of the steps which you are proposing to take to ensure that that extension occurs as soon as possible.

2. INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS

As I am sure you know, there is presently a report due in respect of Hong Kong under Articles 13-15 of the International Covenant on Economic, Social and Cultural Rights. That report was due to be submitted to the Economic and Social Council for consideration by the Committee on Economic, Social and Cultural Rights some time ago but, as I understand it, it had not been received as of the middle of this year.

a. I would be grateful if you could confirm that the report has not yet been

нко