Human Rights
had found that there had been a violation
of article
5,
paragraph
3, and article
5, paragraph
5, of the European
Convention on &man
Rights, but it had made clear its understanding of the difficult
situation
the
United Kingdom faced in Northern Ireland and had not held that the legislation
under consideration
was either unnecessary or undesirable.
372. The Government’s powers to deport under the Immigration Act applied only
to a specific
cetogory of persons, and the persons to whom it was applied had
were
the right of appeal, witJx the enception of those whose deportations
ordored specifically
on grounds of national security.
Moreover, detention
could only occur in cases where grounds for deportation
existed and did not
involve denial of access to the courts.
In the cases involving
several Iraqis
and Palestinians,
deportation
action had been taken in connection with a very
specific
threat and the dangers flowing from it.
373. Clause 5 of the draft Hong Kong Bill of Rights reproduced article
4 of
the Covenant.
Furthermore,
in order to resolve any inconsistency
between the
Covenant and any Hong Kong regulations,
a comprehensive review of all
ordinances in force would be carried out with the aim of ensuring strict
respect for the Bill of Rights.
Under article
18 (4) of the Basic Law,
relevant national laws Tnight be applied only during a state of war and when
turmoil endangered national unity or security.
There was no inconsistency
between that provision
and article
4 of the Covenant.
. .
Non-drscrlmination
S
, ’
of !ihuiam
374, In connection with that issue, members of the Committee wished to know
any further
consitsration
was being given to reviewing the remaining
discriminatory
provisions
under the Immigration Rules,
particularly
those
discriminating
between male and female students from abroad and wives and
husbands of deportees; whether members of ethnic minority
groups facing
criminal charges were informed systematically
of the relative
advantages or
drawbacks of opting for a trial
before a jury or pleading guilty;
whether the
planned legislation
to ensure the equal treatment of males and females in
matters
of succession had been enacted: whether steps were being taken to
eliminate alleged discrimination
against women in some sectors of public
employment, such as the police,
and to ensure equality
of opportunity
in both
the public and private
sectors: and whether progressive measures in favour of
women would
also be introduced in Hong Kong, It was also inquired why
pxisoners had no right to vote in the United Kingdom; why assistance from the
Commission for Racial Equality was provided in fewer than 20 per cent of cases
of alleged discriminstionr
what role the Standing Advisory Commission on Human
Rights played in relation
to laws adopted after the enactment of the Northern
Ireland Constitution
Act of 1973; and whether the Convention on the
Elimination
of All Forms of Discrimination
against Women, which the United
Kingdom had just ratified,
would apply to Honq Kong, in particular
with
respect to equal pay for equal work, family property and inheritance
Member6 also sought clarification
of the statement in the repcrt
questions.
that the prison eystem in England and Wales needed a clearly
stated policy on
race issues, and further
information
was requested about the Government’s
intention
to reduce religious
discrimination
in Northern Iroland by enacting a
Fair Employment (Northern Ireland) Act and eattilishing
a Fair !2mploymeat
Tribunal.
In that regard, it was asked why the establisJrnent of a special
tribunal
had been felt necessary; whether job applicants were required to
wllether
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