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
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. The Chinese Government have said that they reserve the right to review the legislation in 1997. 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). 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. 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
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