355. With regard to that issue , members of the Committee wished to know
whether the United Kingdom intended to review its reservations
to the Covenant
and to withdraw some or all of them; whether any consideration
had been given
to ratifying
the Optional Protocol to the Covenant; and whether any
consideration
was being given to incorporating
the Covenant into the domestic
law of the United Kingdom and the dependent territories,
particularly
in view
of the fact that commonlaw rules did not always accord exactly with the
corresponding provisions of the Covenant and that United Kingdom legislation
was sometimes not generally applicable throughout the realm.
In that latter
regard, it was also inquired whether any consideration
was being given to the
adoption of a bill of rights in view of the number of judgements delivered by
the European Court of HumanRights in cases concerning the United Kingdom and
what kind of difficulties
were expected to arise in the process of unifying
the British
legal system. Clarification
was also requested of the apparent
contradiction
in the Cayman Islands legislation
that, on the one hand,
required legislation
in contravention
with the Covenant to be revoked but
seemed to allow for the adoption of new laws that might be in violation
of its
provisions:
of the position of the Government during the Gulf conflict;
and of
the legal reasoning behind the reservation
to article
1 of the Covenant on the
grounds that the United Kingdom’s obligations
under article8
1, 2 and Wof
the Charter of the United Nations took precedence over the Covenant.
356. Referring to the specific
situation
in Hong Kong, members of the Committee
inquired whether the Hong Kong Bill of Rights had supremacy over other lawsr
whether, in the view of the Government, the Basic Law of the Hong Kong Special
Administrative
Region of the People’s Republic of China, especially
its
articles
39 and 158, corresponded to the Sine-British
Joint Declaration
of
1984: whether the Basic Law corresponded to the United Kingdom’s intention
to
secure the application
of the Covenant in the future Administrative
Region1
whether the Government planned to discuss possible inconsistencies
between the
Basic Law and the Covenant with the Government of the People’s Republic China
before the Joint Declaration would be fully
implemented; what sanctions would
apply if one of the parties to the Joint Declaration
failed to respect the
agreement after 19971 what arrangements had been contemplated for ensuring
that reporting obligations
relating
to Rang Kong would be met after
19971 and
what had been the experience to date with the operations of Hong Kong’s
Commissioner for Administrative
Complaints.
In addition,
members wished to
know whether the Bill of Rights, once adopted, would be enshrined in the
Constitution;
whether the proposed one-year freeae scheduled to follow the
adoption of the Bill of Rights could be extended1 whether consideration
had
been given to making use of article
151 of the Basic Law to enable Hong Kong
to become a party to the Covenant directly1
whether courts of the Hong Kong
Special Administrative
Region would be entitled
to interpret
the Basic Law
after 19971 what the composition, status and functions were of the Law Reform
Commission; what was the meaning of the term @@as
applied to Hong Kong”, used
in article
39 of the Basic Law! and the extent to which the United Kingdom’s
obligations
toward6 Hong Kort, were affected by its reservations
concerning
article
25 of the Covenant.
357. In his reply, the representative
of the State party said that careful
consideration had been given to the issues involved in incorporating
the
Covenant into domestic law and that the Government would review its policy
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