HUMAN RIGHTS COMMITTEE CONTINUES CONSIDERATION OF REPORT ON HONG KONG
Press Release
HR/CT/437
HUMAN RIGHTS COMMITTEE CONTINUES CONSIDERATION OF REPORT ON HONG KONG
19951023 GENEVA, 19 October (UN Information Service) -- The focus of several speakers as the Human Rights Committee this afternoon continued to examine the United Kingdom's report on Hong Kong was what would happen to the colony after its sovereignty was transferred to China on 1 July 1997.Some experts expressed doubt as to the full implementation of the International Covenant on Civil and Political Rights once Hong Kong was transferred to China's sovereignty. Although article 39 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China recognized the implementation of the provisions of the Covenant, several speakers said China might derogate certain laws of the Region.
The role of the United Kingdom after the take-over of Hong Kong by China was questioned by many experts. The United Kingdom delegation assured Committee members that the legal arrangement reached with China would secure implementation of the provisions of the International Covenant after 1 July 1997.
Discussion of Report
Several experts wanted to know if the United Kingdom had already undertaken measures should a breach of the agreement by China occur once the sovereignty of the territory had been handed over. Some observed that in the past China had shown unwillingness to abide by the provisions of the Covenant, particularly article 40 on reporting obligations. They said they were not sure what place the Covenant was given in Chinese legislation. One expert said that if the United Kingdom had accepted the Optional Protocol to the Covenant, the situation in Hong Kong would have been different.
Disturbed by the recommendations of the Preliminary Working Committee on Hong Kong, which stated that China should abolish the overriding power of the Bill of Rights and restore laws that had been amended to bring them into line with the Bill, one expert asked the position of the United Kingdom on that point. Concerning the Sino-British Joint Declaration, experts asked if there was a difference between them in the interpretation of the agreement. They wanted to know if arrangements had already been adopted to report to each other about the implementation of the agreement.
- 2 - Press Release HR/CT/437 23 October 1995
Several experts again raised the question of discrimination on the basis of sex in connection with employment and elections. They said that women were discriminated against in rural elections and were not treated equally with regard to employment opportunities. A few experts also raised cases of domestic violence and marital rape in which women were victims.
One expert said the fact that the Joint Declaration was registered with the United Nations meant that human rights issues would not be considered domestic affairs but international concerns. Speakers also noted the absence of human rights commissions in Hong Kong and said that situation had created uncertainty about the obligation to respect human rights.
Responses by United Kingdom Delegation
HENRY STEEL (United Kingdom) said the legal arrangements reached with China would secure the implementation of the provisions of the Covenant after 1997. The United Kingdom was also ready to stress that question. The Bill of Rights was entirely consistent with the Basic Law and the Joint Declaration, and there would be no problem in that regard.
Concerning the 17 September elections to the Legislative Council, he said they had been carried out in accordance with the Bill of Rights, the Basic Law, the Joint Declaration and the relevant agreements reached with China. The Legislative Council was capable of continuing beyond 1997. The elections had been "fair and square".
DANIEL FUNG (United Kingdom) recalled that the regulations on state of emergency were repealed in the absence of emergency circumstances, but the capacity to legislate remained in the statute. The need to establish human rights commissions was already felt by the authorities and the project to create one was under way.
A legislative programme had been adopted recently to deal with discrimination based on sex, he said, and public opinion would be assessed in that regard. However, the anti-discrimination law did not cover all aspects of discrimination. The human rights commission, which was envisaged for next year, would review the situation. On village elections, measures had been undertaken to combat discrimination against women in elections and a one-person, one-vote system would be restored in rural elections. Projects were also under way, based on article 68 of the Basic Law provision, to transform gradually the legislative election into universal suffrage.
* *** *