TNAG-2808-FCO40-4053-Future-of-Hong-Kong-International-Rights-and-Obligations-(IR-1994 — Page 84

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RECEIVED IN REGISTRY

UN COMMISSION ON HUMAN RIGHTS: 49TH SESSION 12 JAN 1993

1 FEBRUARY TO 12 MARCH 1993

REGISTRY

DESK OFFICER

INDEX

PA

Action Taken

DEFENSIVE BRIEF 2 b) HONG KONG:1997

Objectives

To rebut in a low-key manner accusations that Human Rights in Hong Kong will not be respected after the transfer of sovereignty in 1997.

Points to make

a) The Sino-British Joint Declaration provides that the present rights and freedoms enjoyed by the Hong Kong people will continue after 1997. It also states that the International Covenant on Civil and Political Rights and the International Covenant on Economic Social and Cultural Rights as applied to Hong Kong will continue in force after 1997.

b) The Basic Law of the Future Hong Kong Special Administrative Region states that the two Covenants will be implemented through the laws of Hong Kong. In 1991 Hong Kong passed a Bill of Rights implementing the ICCPR. The Hong Kong Government believe that the ICESCR is adequately implemented by the current Laws of Hong Kong which will continue in force unless they are incompatible with the Basic Law.

Background

The PRC take the line that before 1997 Hong Kong is a bilateral matter for the Chinese and British Governments, and after 1997 an internal affair for China alone. While we do not accept this statement, which the Chinese may make at the meeting if Hong Kong is raised, we would not wish to argue the question in public with the Chinese in this forum.

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