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 -91-

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents