369. In response
to questions
about the COmpOSitiOn of the legislature
in 1996, he said that while damocracy in Hong Kong had been encouraged,
it
that it would come about quickly.
seemed unlikely,
in view of recent history,
The establishment
of functional
constituencies
in Hong Kong had been the first
step taken towards the progressive development of representative
government
at
replaced the Governor's
the central level in Bong Kong. They partly
appointment of representatives
of major professional,
social and economic
groups. On the day the Basic Law was promulgated, the National People's
Congress of the People's Republic of China had issued a decision on the future
composition of the Hong Kong Special Administrative
Region.
There would be a
BO-member legislature,
20 to be directly
elected,
30 to be elected through the
functional
constituencies
and 10 to be returned by the electoral
committees.
According to article
68 of the Basic Law, the ultimate aim was the election
of
all the members of the Legislative
Council by universal suffrage,
370. In connection with that issue, member6
of the Committee wished to reCeiV0
information
concerning the Government'6 current views on the problem of
In addition,
it was asked how legislation
applicable
in
extended detention.
North6rn Ireland,
especially
the provisions of the Northern
Ireland (Emergenay
Provisions)
Act
of 1978 relating
to the application
of conditional
release and
the admissibility
of evidence, could be reconciled with article6
10 (3) and
Clarification
was also requested of the
14 (3) (q) of the Covenant.
Parliament'6
specific
power6 in it6 regular reviewing of emergency
legislation;
of the safeguards against abuse
Of
the seven-day period of
detention8 and of the Government'6 intentions
in respect of the judgement of
the European Court on Human Rights in th6 case of Brogan and others.
Member6
wished to know whether provisions
under the Immigration Act, 1971, which made
it possible to dispense with protections
that the law would normally provide
to suspects and to detain people indefinitely
without trial,
was compatible
with article
9 of the Covenant and whether the Government intended to enter,
in that regard, an express derogation under article
4 of the Covenant; whether
Hong Kong emergency regulations , especially
those referred to in
article
18 (4) of the Basic Law, were compatible with article
4 of the
Covenant; what was the meaning of the terms “turmoil”
and "national
unity or
60CUrity”.
used in article
18 (4) of the Basic Law; and whether the Basic Law
authori6ed derogation8 of right6 in situations
that were less sbrious
than
those envisaged in tbe Covenant.
371. In hi6 reply, the representative
of the State party said that one of the
feature6 of terrorist
activities
was the extreme difficulty
in obtaining
activities
engendered
evidence, not least because of the fear which terrorist
in people who might otherwise be willing
to help,
Furthermore,
time was
needed to collect,
examine and analyse evidence and information
which might
result in the establishment of a criminal case. For that reason, the power to
arrest a person suspected of terrorist
activities
and to detain the suspect
for a maximum period of seven days was not in any sense arbitrary.
Although
the possibility
of incorporating
some form of-judicial
procedure into such
arrangements had been seriously examined, it had been concluded that many
difficulties
W6Uld be involved b6CaU66 Of the danger that diSclOSUr0 would
create for the source of the information.
There were safeguards, however, to
protect those who had been arrested and were being questioned Under the powers
t0 arrest persons SUSpeCted 6f t6rroriSt
aCtiVitie6,
The European Court
on
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