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Protection of Human Rights in Hong Kong post-1997

17th May, 1996

The Right Hon. Christopher Patten
Governor's House,
Upper Albert Road,
Hong Kong.

Dear Mr. Patten,

We are writing to draw to your attention a measure that would substantially and in the long-term improve the protection of the individual's human rights in Hong Kong, in the hope that you should be able to take it up with the relevant authorities in the UK.

The Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR) provides that the Human Rights Committee of the United Nations (UN) may consider at closed meetings communications from individuals who in the ICCPR. Such communications will not usually be considered unless the individual has exhausted the remedies available domestically. The Optional Protocol procedure provides a forum to constructively address human rights issues, and in case of violations may provide a channel for relief of the injured citizen.

The UK has not ratified for Hong Kong the Optional Protocol to the ICCPR. If it were to do so, we understand as a matter of practice the UN Human Rights Committee would continue to accept communications from Hong Kong individuals after the transition of sovereignty. We believe this would continue, notwithstanding any action by China after the transition of sovereignty purporting to withdraw ratification of the Optional Protocol.

Ratification of the Optional Protocol to the ICCPR by the UK on behalf of Hong Kong should endow Hong Kong citizens for the long term with the right of communication to the UN Human Rights Commission. We believe that such ratification would be a highly appropriate step for the UK to take at this juncture, and urge that you take all opportunity to press this point with the UK authorities.

Yours sincerely

Dr. Patrick Shiu, Chairman