TNAG-2859-FCO40-4113-Application-of-the-International-Covenant-on-Civil-and-Polit-1993 — Page 3

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For information on

31 August 1993

CONFIDENTIAL

241/1

VED !!

1993

RY

un Tüken

Blue Volume XXXXXVI (3)

NOTE FOR EXECUTIVE COUNCIL

XCX(93)39 Copy No. 28

22

Mr Bukk

THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS (ICCPR)

INTRODUCTION

M

се М, Таллі

Так

HRPD

f.i.

PCCPR

This note explains the situation regarding the implementation of the provisions of the International Covenant on Civil and Political Rights (ICCPR) after 1997.

BACKGROUND

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At the meeting of the Council on 13 July 1993, Members noted that the Secretary of State had raised the possibility of China becoming a signatory to the ICCPR and asked what the situation was with regard to the implementation of the provisions of the ICCPR in Hong Kong after 1997. The Governor directed that an information note on the situation should be put before the Council.

Continued application of the ICCPR

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The British and Chinese Governments have agreed in the Joint Declaration that the provisions of the ICCPR [and the International Covenant on Economic, Social and Cultural Rights (ICESCR)] as applied to Hong Kong shall remain in force in Hong Kong after 1997 (JD 156). This provision is reflected in Article 39 of the Basic Law. (Extracts of JD 156 and BL Article 39 are at the Annex.)

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The legal effect of JD 156 is that China will assume the rights and obligations currently devolving on the United Kingdom under the ICCPR in respect of Hong Kong from 1 July 1997. This is so whether or not China separately accedes to the ICCPR in respect of the rest of her territory. One of the obligations contained in the ICCPR is the obligation under its Article 40 to make regular reports to the United Nations Human Rights

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