establishing the Court. The Chinese side have made it clear there is no prospect of altering the agreement reached. The choice is
is therefore between establishing a Court on the basis before 1997 or having no Court of Final Appeal in Hong Kong before 1997, with uncertainty thereafter. The Hong Kong Government will present
draft legislation to the Legislative Council in due course.
Bill of Rights
6. The Committee recommended (2.11) that the Hong Kong
Government introduce a Bill of Rights. This has been done. The
Hong Kong Bill of Rights Ordinance, which gives effect in local
law to the relevant provisions of the International Covenant on Civil and Political Rights as applied to Hong Kong, has been in effect since June 1991. A number of ordinances, including the
Immigration Ordinance, the Societies Ordinance, the Crimes
Ordinance, the Prevention of Bribery Ordinance, the Independent
Commission Against Corruption Ordinance and the Police Force
Ordinance have been amended to bring them into line with the Bill
of Rights and hence with the International Covenant, as
recommended by the Committee (2.9). A body of local human rights
jurisprudence is steadily accumulating. The Joint Declaration
provides that the International Covenant will continue to apply to
We have urged China to become a Party to
Hong Kong after 1993.
the Covenant. If it has not done so before July 1997, we will
need to consider with China how the Covenant will be given force
in the Hong Kong SAR.
7.
The Hong Kong Government is also undertaking a review of laws which might jeopardise press freedom, and is examining the
case for a Freedom of Information Ordinance. This review is close
to completion. The Executive Council will be asked to consider
and advise on the outcome once the review is completed. The Hong Kong Government intends to make a public statement announcing the findings of the review shortly thereafter.
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