TNAG-2716-FCO40-3922-House-of-Commons-Select-Committee-on-Foreign-Affairs-enquiry-1993 — Page 13

POSSIBLE FURTHER LEGAL QUESTIONS

Compatibility of the Bill of Rights with the BL

Great care was taken when the BOR was drafted to ensure its compatibility with the BL. BL art 39 provides that the International Covenant on Civil and Political Rights as applied to Hong Kong shall remain in force. The BOR was designed to

give effect in Hong Kong Law to provisions of the ICCPR.

When it passed the Chinese merely reserved the right to review its compatibility with the BL which they enjoy for all laws.

BOR COMPATIBL

with BL

ICCPR ICGSCR

LE GAL VAČCUUM

Importance for Hong Kong of China signing the two covenants.

The British and Chinese agreed in the JD that the two

covenants, as applied to Hong Kong shall remain in force there

after 1997. This is reflected in BL Art 39.

Nevertheless it would be universally welcomed if China were also to accept the obligations under the Covenants in respect of

the rest of China.

LEGAL VACUUM IF JLG DOES NOT COMPLETE WORK

- This is a complex issue of fundamental importance. The committee, therefore may wish to have copies of a statement made very recently to LegCo by Hong Kong Officials.

This work can be divided into two areas. Some Hong Kong laws will need to be adapted in order to be compatible with the BL. In addition UK legislation currently applied to Hong Kong will need to be replaced by Hong Kong legislation. This is a large body of work.