Page:Hong Kong Basic Law consultation report vol. 1.djvu/125

 ( 11 ) A member held that if the protection of rights of Hong Kong residents completely relied on the legislative power of the Legislative Council, it would mean that Hong Kong residents do not have such protection at all.

( 12 ) Some members held that the article was so worded because the international covenants were not yet legally valid in Hong Kong but only had moral effect. Hence, they can only be implemented through legislation.

( 13 ) A member held that since China was not a signatory to these international covenants, it was possible that some of its laws may contravene these covenants. Thus, this article is neither reliable nor adequate as far as the protection of rights is concerned.

( 14 ) A member held that since Hong Kong was not a suzerain state and China might not fully accept these international covenants, ratification of these covenants by Hong Kong was therefore not a feasible solution.

Suggestions:

( 1 ) A member held that the Basic Law should provide that even in a state of emergency, the fundamental human rights of residents shall be protected and shall not be taken away because certain rights are absolute such as the right to life and the right not to be subjected to torture. The member also proposed applying the International Covenant on Civil and Political Rights in Hong Kong so that it will take effect directly in Hong Kong and any law inconsistent with it will be rendered void. Another member held that such a provision should be acceptable at least as a temporary measure.

( 2 ) A member suggested that the expression "remain in force" should not be retained in this article.

Reason: Some of the conventions previously not applicable to Hong Kong should be considered for application.

( 3 ) A member proposed that the first paragraph be amended to read "...as applied to Hong Kong shall be implemented through the laws of the Hong Kong Special Administrative Region."

( 4 ) A member suggested that the last sentence in the second paragraph be rewritten as: "Such restrictions shall not contravene the provisions of the international covenants specified in the preceding paragraph which are applicable to Hong Kong."

( 5 ) A member proposed that the last sentence of the second paragraph be rewritten as: "Such restrictions shall not