TNAG-2859-FCO40-4113-Application-of-the-International-Covenant-on-Civil-and-Polit-1993 — Page 28

GOVERMENT HOUSE HONG KONG.

MON 62 JUN 93 09:57

PG.05

MEMBERS OF LEGISLATIVE COUNCIL

The Rt Hon Alastair Quodlad

c/o Government House

Upper Albert Road

Hong Kong

June 1st, 1993

立法局議員

t

Dear Mr Goodlad

Re: An Open Letter on The farerpadonal Covenants

Britain and China promised that the provisions of the International Covenant on Civil & Politicals Rights, and the International Covenant on Economic, Social & Cultual Riglus, 'as applied to Hong Kong, shall remain in force' beyond 1997. China further amplified this undertaking in Article 39 of the Basic Law,

In theory, these various undertakings should alt dovetail smoothly, in practice, diere will be difficult problems unless effective action is taken very quickly.

Problein number one is that of China's attitude to the Bill of Rights. I am sure that you will recall that China cost doubt upon the future validity of the Bill of Rights in June 1991 which leads us to think that China has little enthusiasm for die entrenching of human rights in Hong King, and that the promises of the Jolo; Declaradon and the Basic Law in this area may well prove as empty as the promises made in China's own constitution about human rights.

Problem number two is that China is not a signatory to the covenants. Britain knew when she signeal the Joint Declaration that China was not a signatory. Why, then, did Britain counter- guarantee a commiment which she knew China was at the time legally incapable of fulfilling ? It would be helpful to know what Britain has been doing to help remedy the situation in the intervening decade. We have seen very little action.

4

I sought an answer from the Attorney General in the Legislative Council on May 26th. His response was the Joint Declaration and the Basic Law provide for the continued application of the two Covenants... to Hong Kong, after 1997. That reply was not particularly enlightening.

The United Nations reporting and monitoring requirement is an important and integral part of the international obligation. It is a protection which Hong Kong enjoys at piesem thugh Britain's raufication. But will this pro≈ction be lost aftor 1997 ? If the covenants were not to apply after 1997, and if Hong Kong were to lose international monitoring. then the Joint Decturation cannot be zulfilled.

Legulative Council Building. 3 fackson Road. Centrai, Hong Kong. ##PIKEJARZYA Tel: 526 +027