ENG-2010 — Page 81

The Legal System | 39

Rights of the Individual

Legal protections

Chapter III of the Basic Law prescribes the fundamental rights and freedoms of people in Hong Kong. In particular, Article 39 (which forms part of Chapter III) provides that the provisions of the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) as applied to Hong Kong shall remain in force.

Additionally, the Hong Kong Bill of Rights Ordinance gives domestic effect to the provisions of the ICCPR as applied to Hong Kong.

Protection is also provided in the Sex Discrimination Ordinance, the Disability Discrimination Ordinance, the Family Status Discrimination Ordinance and the Race Discrimination Ordinance which are enforced by the Equal Opportunities Commission. The Personal Data (Privacy) Ordinance administered by the Privacy Commissioner for Personal Data protects the right to privacy with respect to personal data.

United Nations Human Rights Treaties and Reporting

Fifteen international human rights treaties are applicable to Hong Kong. Seven. of these (the ICCPR, the ICESCR, the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), the Convention on the Rights of the Child (CRC), the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), and the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD)) require states parties to submit periodic reports to the United Nations (UN) treaty monitoring bodies plus other information requested by them. The HKSAR normally submits these reports as part of corresponding reports submitted by China, with the exception of the ICCPR which China has not yet ratified.

The UN Human Rights Council conducts a Universal Periodic Review (UPR) of human rights in all UN member states. The HKSAR's report is submitted as part of China's report for the review.

With the exception of the ICCPR, the HKSAR teams attend hearings of relevant treaty bodies as part of the Chinese delegation. In the case of the ICCPR, the HKSAR attends hearings under the leadership of the Chinese Permanent Representative and Ambassador to the UN.

In 2010, the Government prepared the HKSAR's report under the ICESCR and the UNCRPD for incorporation in China's corresponding reports, and also HKSAR's report in the light of the ICCPR, for submission to the UN.