CCPR/C/CHN-HKG/CO/3
C.
Principal subjects of concern and recommendations
5.
The Committee takes note of Hong Kong, China’s view that the power of
interpretation of the Basic Law by the Standing Committee of the National People’s
Congress (NPCSC) is “in general and unqualified terms” and the principle is fully
acknowledged and respected by Hong Kong, China’s courts (CCPR/C/CHN-HKG/3, para.
322). However, the Committee remains concerned that a mechanism of binding
constitutional interpretation by a non-judicial body may weaken and undermine the rule of
law and the independence of judiciary (arts. 2 and 14).
Hong Kong, China, should ensure the proper functioning of judicial structures in
accordance with the Covenant and with principles governing the rule of law. As
previously recommended (CCPR/C/HKG/CO/2, para.18), it should also ensure that
all interpretations of the Basic Law, including on electoral and public affairs issues,
are in full compliance with the Covenant.
6.
The Committee notes Hong Kong, China’s indication that universal and equal
suffrage for the Chief Executive elections in 2017 and for the Legislative Council elections
in 2020 may be granted. The Committee expresses concern about the lack of a clear plan to
institute universal suffrage and to ensure the right of all persons to vote and to stand for
election without unreasonable limitations, as well as Hong Kong, China’s position in
maintaining its reservation to article 25(b) of the Covenant (arts. 2, 25 and 26).
Hong Kong, China, should take all necessary measures to implement universal and
equal suffrage in conformity with the Covenant as a matter of priority for all future
elections. It should outline clear and detailed plans on how universal and equal
suffrage might be instituted and ensure enjoyment by all its citizens, under the new
electoral system, of the right to vote and to stand for election in compliance with
article 25 of the Covenant, taking due account of the Committee's general comment
No. 25 (1996) on the right to participate in public affairs, voting rights and the right of
equal access to public service. It is recommended to consider steps leading to
withdrawing the reservation to article 25(b) of the Covenant.
7.
The Committee regrets that there is no independent statutory body to investigate and
monitor violations of human rights guaranteed by the Covenant in a comprehensive
manner. The Committee is moreover concerned that the proliferation of bodies focusing on
the rights of specific groups may militate against greater effectiveness on the part of Hong
Kong, China,, in fulfilling its obligations under the Covenant and against greater clarity in
its overall policy on human rights (art. 2).
Hong Kong, China, should strengthen the mandate and the independence of the
existing bodies, including the Ombudsman and the Equal Opportunities Commission.
It is also recommended to revise the multiplicity of the existing bodies whose mandate
does not afford effective protection of all Covenant rights. Furthermore, the
Committee reiterates its previous recommendations (CCPR/C/HKG/CO/2, para. 8)
that Hong Kong, China, consider establishing a human rights institution, in
accordance with the principles relating to the status of national institutions for the
promotion and protection of human rights (Paris Principles) , with adequate financial
and human resources, with a broad mandate covering all international human rights
standards accepted by Hong Kong, China, and with competence to consider and act
on individual complaints of human rights violations by public authorities and to
enforce the Hong Kong Bill of Rights Ordinance.
8.
While noting the view of Hong Kong, China, that the definition of the crime of
torture under the Crimes (Torture) Ordinance is consistent with international standards, the
Committee shares the concerns raised by the Committee against Torture in 2008 that the
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