HUMAN RIGHTS COMMITTEE HEARS UNITED KINGDOM'S RESPONSES ON HONG KONG
Press Release
HR/CT/438
HUMAN RIGHTS COMMITTEE HEARS UNITED KINGDOM'S RESPONSES ON HONG KONG
19951023 GENEVA, 20 October (UN Information Service) -- More than 50,000 persons and their dependants from Hong Kong would be granted British citizenship before 1 July 1997, without leaving the territory, the United Kingdom delegation told the Human Rights Committee this morning as it continued to discuss that State party's report on Hong Kong. The measure was being undertaken by the British Government to safeguard the well-being of those persons who had been serving under its rule, the delegation said; those persons might be vulnerable to victimization once China took over the territory on 1 July 1997.Questions relating to such matters as police brutality and the refusal of the authorities to accept a non-police investigation team; domestic violence; and claims of beatings and other inhuman treatment of detained Vietnamese refugees were some of the topics taken up in the Committee's discussion.
Responses by Delegation
HENRY STEEL (United Kingdom) said Britain had discharged its responsibilities by giving British citizenship to those who thought they would be victims once the territory was transferred to China's sovereignty. He was responding to members' concerns that those who actually held positions and who had been working against the interests of China would be vulnerable to victimization after 1997. The United Kingdom was well aware of the consequences and had adopted an official scheme by which 50,000 persons in Hong Kong would obtain British citizenship without leaving the territory. In addition, a financial package had been designed in the form of a pension and assistance. So far, those who demanded and qualified for the citizenship had been taken care of, together with their dependants.
DANIEL FUNG (United Kingdom) recalled that the original objectives of the Bill of Rights had been debated before it was promulgated. There were no plans to amend the Bill. Other matters, such as the anti-discrimination act, were dealt with under separate legislative provisions. Also, the Government had undertaken to extend information and education on human rights to all citizens. A pact on human rights had already been submitted to the judiciary
for its enforcement. Several human rights seminars had been held for civil service personnel to sensitize them to the human rights laws.
On domestic violence and marital rape, the 1991 legal decision allowed the prosecution and conviction of rape by husbands. In addition, legal protection was provided to victims of other sexual offenses and domestic violence. In March 1996, a bill would be introduced reinforcing the actual provisions on domestic violence. So far, the authorities had provided counselling, child care, separate housing and other assistance to those victims. According to article 39 of the Basic Law, the provisions of the International Covenant would remain in force and would be implemented through the laws of the Hong Kong Special Administrative Region of China. That article would not be overridden by any other provision, he said.
The delegation then responded to the remaining written questions in a list of issues, providing information on questions of right to life, treatment of prisoners and other detainees, and the right to a fair trial. It also dealt with questions on the right to privacy, freedom of movement, expulsion of aliens, and freedom of expression and association.
Additional Questions and Answers
Several experts said that there was reluctance on the part of the authorities to investigate police misconduct; only a small percentage of such cases were substantiated while the majority were withdrawn or rejected. All speakers underlined the issue of police brutality and asked what measures the Hong Kong authorities were taking to remedy the continued police misconduct.
Many experts expressed concern over Vietnamese refugees, qualifying the refugee camps as precarious and abominable. It was said they were real concentration camps where the refugees mutinied against their maltreatment. Many refugees from Viet Nam were languishing in prisons waiting for judicial remedies. That arbitrary and indefinite detention of the refugees was followed by beatings and other inhuman treatment. The authorities had refused to accept the proposal by Amnesty International to investigate the allegations of ill-treatment of refugees. Experts asked about the measures undertaken by Hong Kong to resolve the problems of the refugees. One expert asked if the authorities were envisaging the replacement of obsolete treason laws by improved legislation.
Dwelling mainly on the legal and judicial system of Hong Kong, the United Kingdom delegation said the Chinese language was introduced recently into court proceedings in addition to English. The judges and other related personnel would continue in their functions after 1997. A legal service commission would also be established to assist the judiciary to reinforce its independence. On access to information, efforts were being made to enhance the degree of transparency of Government operations for the public.
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A commission consisting of the Attorney General, the Commissioner for administrative complaints and of independent private citizens was being established to investigate police misconduct. The first monitoring process was already in place.
Concerning the Vietnamese refugees, this was a human tragedy that required a definite solution, the United Kingdom delegation said. Those in detention camps had failed to fulfil the refugee status requirements when they were screened. Their repatriation to their country of origin was under way, the delegation said.
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