TNAG-2859-FCO40-4113-Application-of-the-International-Covenant-on-Civil-and-Polit-1993 — Page 31

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8 June 1993

Ms Christine Loh

Legislative Councillor

241/1

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RECEIVED IN RECISTRYCommonwealth

Foreign &

Office

JUN 1993

DESK OFFICER INDEX

REGISTRY London SWIA 2AH

Legislative Council Building

PA

Action Taken

8 Jackson Road

HONG KONG.

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Dear Christine

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From The Minister of State

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Thank you for your letter of 1 June, on the question of how - Thanks

the International Covenant on Civil and Political Rights (ICCPR) will continue to apply to Hong Kong after 30 June 1997.

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As you point out, the Chinese have said that they reserve the right to look again at the Bill of Rights in 1997. This is a right which they will enjoy in accordance with Article 160 of the Basic Law but it is difficult to`see how the Bill of Rights could be found to be in contravention of the Basic Law and, therefore, cease to have force. Great care was taken when the Bill of Rights was drafted and during its passage through LegCo to ensure its compatability with the Basic Law. Additionally we hope that by 1997, when it will have been operating for some time, people will appreciate the value of the Bill of Rights in ensuring human rights and in strengthening confidence in Hong Kong.

China is committed under international law by the Joint Declaration to ensuring that the provisions of the ICCPR as well as of the International Covenant on Economic, Social and Cultural Rights as applied to Hong Kong shall remain in force after 1997. Obviously matters would be simpler if China became a signatory to the two Covenants, and particularly to the ICCPR. We have urged them to do precisely this but we have to recognise that as a sovereign state this is a matter for China.

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However, accession by China to the Covenants is not the only method of ensuring the continued application to Hong Kong of their provisions (including Article 40 of the ICCPR) and we are discussing all these matters with the Chinese side within the framework of the Joint Liaison Group. I agree that the ICCPR and its reporting requirements are an important part of the International Rights and Obligations currently applied to Hong Kong. I feel confident that we will be able to find a satisfactory solution.

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Mestin

ALASTAIR GOODLAD