TNAG-2859-FCO40-4113-Application-of-the-International-Covenant-on-Civil-and-Polit-1993 — Page 35

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MEMBERs of LEGISLATIVE COUNCIL

17

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立法局議員

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The Rt Hou Alastair Goodlad

c/o Government House

24111

Upper Albert Road

HKC OF

Hong Kong

RECEIVED

JU. 1993

DESK ONTROL

June 1st, 1993

INDEX

PA

RAMSIRY Acion Taken

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Ps/ur Goodead

Dear Mr Goodlad

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Re: An Open Letter on The International Covenants

Jult to hands.

G.J. Jarey il

Reply at 19

Also sea 18 Britain and China promised that the provisions of the international Covenant on Civil & Politicals Rights, and the International Covenant on Economic, Social & Cultural Rights, '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 all dovetail smoothly. In practice, there will be difficult problems unless effective action is taken very quickly.

Problem number one is that of China's attitude to the Bill of Rights. I am sure that you will recall that China cast doubt upon the future validity of the Bill of Rights in June 1991 which leads us to think that China has little enthusiasm for the entrenching of human rights in Hong Kong; and that the promises of the Joint Declaration 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 signed the Joint Declaration that China was not a signatory. Why, then, did Britain counter- guarantee a commitment 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.

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 present through Britain's ratification. But will this protection be lost after 1997 ? If the covenants were not to apply after 1997, and if Hong Kong were to lose international monitoring, then the Joiat Declaration cannot be fulfilled.

Legislative Council Building, 8 Jackson Road, Central, Hong Kong. #+5XE¤^XÌÈ♬ Tel: 526 4027