The Rights of the Individual

The Sino-British Joint Declaration on the Question of Hong Kong and the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China provide that the provisions of the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) as applied to Hong Kong shall remain in force. The HKSAR's first reports in the light of the two covenants were submitted to the United Nations (UN) in January and June 1999, respectively. The hearing of the ICCPR report was held in November 1999 and that of the ICESCR report in April/May 2001. At the ICESCR hearing, the UN Committee on Economic, Social and Cultural Rights commended Hong Kong's performance in a number of important areas: such as housing, retraining of workers and the work of the Equal Opportunities Commission.

Additionally, the HKSAR continues to abide by the major international conventions on human rights. These include the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), the Convention on the Rights of the Child (CRC), and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).

The HKSAR's initial report under the ICERD which formed part of China's eighth and ninth report was examined by the UN Committee on Elimination of Racial Discrimination in July/August 2001. A Hong Kong team attended the hearing as part of the Chinese delegation. Hong Kong's first report under the CRC is currently under preparation and will be submitted to the UN as part of China's second report by early 2002.

The Hong Kong Bill of Rights Ordinance (Cap. 383), enacted in 1991 to give effect in domestic law to the provisions of the ICCPR, remains in force.

The Equal Opportunities Commission continues to oversee the three anti-discrimination ordinances the Sex Discrimination Ordinance (Cap. 480), the Disability Discrimination Ordinance (Cap. 487), and the Family Status Discrimination Ordinance (Cap. 527).

The Personal Data (Privacy) Ordinance (Cap. 486) protects an individual's right to privacy with respect to personal data. The ordinance is administered by the Privacy Commissioner for Personal Data.

The Bill of Rights, which binds the Government and public authority, prohibits acts of racial discrimination. In 2001, the Government consulted interested parties on the question of legislation against acts of racial discrimination in the private sector. It will determine the way forward in early 2002.