TNAG-2522-FCO40-3681-Application-of-United-Nations-conventions-to-Hong-Kong-1992 — Page 61

Twelfth Periodic Report of Hong Kong under International

Convention on the Elimination of all Forms of Racial

Discrimination

1.

A Policy on elimination of racial discrimination

Legislative arrangements The Government, satisfied that racial

discrimination is not a problem in Hong Kong, has not considered it

necessary 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 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

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

SAOABA