TNAG-2714-FCO40-3920-House-of-Commons-Select-Committee-on-Foreign-Affairs-enquiry-1993 — Page 129

5. We believe that the agreement offers a workable basis for establishing the Court. By facilitating the setting-up of the Court before 1997, the agreement will also help to provide stability and continuity in this area through the transfer of

sovereignty. The Chinese side have made it clear there is no

prospect of altering the agreement reached. The choice is

therefore between establishing a Court on an enduring basis before

1997, or having no Court of Final Appeal in Hong Kong before 1997, with uncertainty thereafter. The Hong Kong Government will decide

in due course on the draft legislation that should be put before the Legislative Council on this subject.

Bill of Rights

The

6. The Committee recommended (2.11) that the Hong Kong

Government introduce a Bill of Rights. This has been done.

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. The Chinese Government have said that

they reserve the right to review the legislation in 1997.

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).

Amendments to other ordinances have been, and will be, introduced

into the Legislative Council as part of a continuing review of the

compatibility of existing legislation with the Bill of Rights. A body of local human rights jurisprudence is steadily accumulating.

The Joint Declaration provides that the International Covenant will continue to apply to Hong Kong after 1997. We have urged

China to become a Party to the Covenant. We intend to consider

with the Chinese Government how they will give effect in the Hong

../Kong

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