TNAG-2966-FCO40-4245-Future-of-Hong-Kong-Consular-representation-of-European-Coun-1993 — Page 95

10.12

18

Protection and personal inviolability (para 7 of Annex III)

79.

Mr Kuijper said the present formulation did not address the problem of arrest and detention which remained a major concern to the EC. He said the EC would try to suggest a formulation to deal with this problem.

80.

In reply to Mr Hofmann, Mr Edwards said procedures concerning arrest and detention were governed by the criminal laws of Hong Kong which were based on both statutory and common laws. In

addition, certain provisions in the Bill of Right and the

International Covenant on Civil and Political Rights (ICCPR) as applied to Hong Kong were also relevant.

Immunity from jurisdication (para 8 of Annex III)

81.

Mrs Ip said the square brackets round the second sentence of para 8 could come off, as the Governor had agreed to treat the

head of the EC

EC Office as

a "high officer" subject to the EC'S

written confirmation to that effect. She also suggested to add the

words "or her" after "his" in line 3 of

of the paragraph. Delegation said they had no comments on this paragraph.

The EC

Exemption from registration of aliens, residence and work permits

(para 9 of Annex III)

82.

Mrs Ip said the square brackets round the second sentence

of para 9 could come off and the words "and from registration as

residents" at the end of the first sentence should be deleted as

such exemption would not be

be consistent with the law under which

everyone was required to carry identity cards. The EC Delegation said they had no problem with this paragraph.

Exemption from social security (para 10 of Annex III)

83.

Mr Brüser said the EC was happy with this paragraph.

/Exemption