regarding
Hong Kong, the representative
said
provided for the establishment of a new Court
that the long delay in resolving the case of
unrepresentative
of what usually happened in
&eedom of movement
and e-on
that the Joint Declaration
of Final Appeal after 1991 and
an auxiliary
policeman was
civil
cases.
of ali=
39G. With reference to that issue, members of the Committee wished to know
what the difference
between expulsion and exclusion was. Clarification
was
also requested of the system of “supervised departure”r
of the “key people”
category permitted to register
as British
citizens
under the British
Nationality
(Hong Kong) Actr” of the situation
of Vietnamese refugees in
Hong Kong: and of the compatibility
with article
14, paragraphs 3 (b), (d)
and (f), of the Covenant on the screening and detention procedures for such
asylum seekers.
391. In his reply, the representative
of the State party said that the
“exclusion”
power was directed towards ensuring that where grounds for
suspicion of involvement in terrorist
offences existed,
the suspected person
might be excluded from the country, subject to the provisions
concerning
citizenship
and residence.
Under the system of supervised departure,
a person
who was in the country unlawfully
could, at the authorities’
discretion,
leave
Anyone who left under such
voluntarily
as an alternative
to being deported.
system enjoyed the same status as anyone applying to enter
the country.
390. Persons who could apply to be registered
as British
citizens
under the
British Nationality
(Hong Kong) Act would be determined according to a scheme
approved by the British
Parliament.
The question of Vietnamese boat people
had posed critical
problems for Hong Kong, and the Territory
had made a
genuine effort
to deal fairly
with them. It had, however, to be noted that
articles
13 and 14 of the Covenant related to those lawfully
present in the
territory
of the State party, which was not the case of the boat people in
Hong Kong. However, the Territory
continued to deal with the problem in a
humane way pending a satisfactory
international
solution.
Criteria
for
screening and detention procedures had been reviewed with the Office of the
United Nations High Commissioner for Refugees and were subject to its scrutiny
at all stages of the process.
Furthermore,
several asylum seekers had had
recourse to the courts, had been provided with legal aid and had been
successful in pursuing their claims.
399. In connection with that issue, members of the Committee wished to receive
information on the effectiveness
to date of the measures
that had been
introduced under the Data Protection
Act,
1984, to safeguard the privacy of
data subjects
and wished to know whether the Act was applicable
to all
dependent territories.
In addition,
information
was requested on the mandate
of the security
forces under the Security
Services Act and concerning the law
and practice
relating
to permissible interference
with the right to privacy in
Hong Kong. In the latter
regard, it was asked what the legal regime
was
governing lawful interference
with telephone and telegraphic
communications in
Hong Kong and whether such practices were monitored by independent bodies.
-99-
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents