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Author: Ip Tsz Yan Natalie, BBA (Law) IV; HKU

Date: 7/8/10


Human rights are safeguarded under the Basic Law, which is the constitutional document of Hong Kong. [1]


The International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights shall remain in force and be implemented through the laws of the HKSAR. [2]


All laws in Hong Kong must comply with the Basic Law, including the international Covenants incorporated under Article 39. Any Ordinance that contravenes the rights under the Basic Law shall be null and void. [3]


There is an express right of citizens to review the acts of the Executive branch of the Government in a court of law. The courts are also given the power to interpret the Basic Law. Under the process of judicial review, the Judiciary of Hong Kong the power to check whether the Executive and Legislative branches of the Government are working within the Basic Law. [4]


The United Nations Convention on the Rights of the Child also continues to apply to Hong Kong through the People’s Republic of China. [5]


Certain rights are also enshrined in the Hong Kong Bill of Rights Ordinance, which was modeled on the International Covenant on Civil and Political Rights. [6]


See Also

  1. The duty to enforce the Basic Law


Footnotes

  1. Chapter III: Fundamental Rights and Duties of the Residents, The Basic Law of the HKSAR, Chapter 2101, Laws of Hong Kong – last accessed 11/8/10
  2. Article 39, The Basic Law of the HKSAR – last accessed 11/8/10
  3. Article 11, The Basic Law of the HKSAR – last accessed 11/8/10
  4. Articles 35 and 158, The Basic Law of the HKSAR – last accessed 11/8/10
  5. Parties to the UNCRC, China, Endnote 5
  6. s 8, Hong Kong Bill of Rights Ordinance, Chapter 383 – last accessed 11/8/10

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