TNAG-2716-FCO40-3922-House-of-Commons-Select-Committee-on-Foreign-Affairs-enquiry-1993 — Page 140

we do have other witnesses.

First of all, on the human rights aspect.

Mr Gapes

78.

How important do you think it is that China should become a

signatory to the International Covenants on Human Rights and on Civil and

Political Rights before 1997?

(Mr Chamberlain) So far as the present position is concerned and the

position which affects the Hong Kong SAR I think that great care was taken

to ensure that the Hong Kong Bill of Rights Ordinance was compatible with

the Basic Law. Article 39 of the Basic Law provides that the International

Covenant on Civil and Political Rights "as applied to Hong Kong shall

remain in force" and the Bill of Rights Ordinance was designed to give

effect in Hong Kong law to the provisions of the International Covenant on

Civil and Political Rights. So far as the Hong Kong Special Administrative

Region is concerned human rights are guaranteed by the Bill of Rights

Ordinance and Article 39 of the Basic Law. Of course it would be highly

desirable if the People's Republic of China were also to accept the

obligations under the Covenants in respect of the rest of China but I think

the important point to bear in mind is that both the British and Chinese

agreed in the Joint Declaration that the two Covenants as applied to Hong

Kong "shall remain in force" there after 1997 and that is reflected in

Article 39 of the Basic Law. So far as Hong Kong is concerned therefore I

think the position on human rights is safeguarded.

79.

Are you then saying that the Hong Kong Bill of Rights is

entirely compatible with the Basic Law?

(Mr Chamberlain) Yes.

80.

And therefore if the Chinese were to annul it after 1997 what

could the British Government do in those circumstances?

(Mr Chamberlain) I think, as I mentioned earlier, that the Joint

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