TNAG-2599-FCO40-3787-Appointment-of-Chris-Patten-as-new-Governor-of-Hong-Kong--Ap-1992 — Page 98

8.

At present the British Government, as a signatory to the Covenant, is

obliged to make periodic reports to the United Nations Human Rights

China, however, has not signed

Committee on the situation in Hong Kong.

the Covenant and it is unclear how the international monitoring of the

human rights situation in Hong Kong can continue after 1997.

Some argue

that the Joint Declaration imposes an obligation on China to adhere to the

Covenant and, if necessary, enter a reservation limiting its application

to Hong Kong alone, but I am not at all sure there is validity in this

argument. The ICJ has raised the possibility that a non- governmental

organization like itself might carry out such a monitoring function. This

would help, but would not be fully satisfactory since it would be unable

to subject the relevant government to questioning which the United Nations

Human Rights Committee is empowered to do under the Covenant. It does not

seem that full and effective monitoring can be achieved unless China

becomes a signatory to the Covenant.

The third British measure was the Nationality Scheme, under which 50,000

Hong Kong heads of households will receive full British citizenship with

right of abode in Britain. This Scheme is being implemented at present

and may have had some effect in stabilizing the brain drain. The

emigration figures dropped last year to 60,000 from 62,000 in 1990. But

it is expected to remain at the 60,000 level for the next few years. What

is encouraging is the noticeable stream of people returning to Hong Kong

after having received foreign passports abroad, a flow estimated at about

10 per cent of those leaving. To some extent, this phenomenon is due to

the current recession in the western world, the relative strength of Hong