Editor’s note: This is the second part of a review on the performance of China’s implementation of the International Covenant of Economic, Social and Cultural Rights.
This article aims at examining the protection of economic, social and cultural rights in the Hong Kong Special Administrative Region mainly through the lens of the International Covenant on Economic, Social and Cultural Rights (the Covenant). These rights are also known as second-generation rights. We are of the firm view that there is more to be said for a satisfactory implementation of the Covenant than against it.
The HKSAR’s hard-earned achievements in healthcare, education and the maintenance of a relatively-high GDP per capita have enabled it to score 0.952 points and rank fourth in the 2022UN Human Development Index, which is used to quantify a place’s average achievements in three basic dimensions of human development, namely a long and healthy life, knowledge and a decent standard of living.
The strong determination of the John Lee administration to increase land supply, reduce the waiting time for public rental housing and build Light Public Housing (LPH) has shone a ray of sunlight on our housing market, which has been plagued by a longstanding housing shortage. The HKSAR government has designated the LPH project as an equitable social project, recognizing the urgent need to provide relief for residents living in poor housing conditions.
Credit should also be given to the efforts of the HKSAR administration to lift underprivileged students out of intergenerational poverty and the emphasis on a community-based primary healthcare system. Cultural rights of the ethnic minorities are also respected.
Considered as a whole, we believe to our core that the city’s admirable records in protecting second-generation rights have inspired strong faith in the socioeconomic and cultural policies of the HKSAR government.
The HKSAR is a local administrative region directly under the Central People’s Government of the People’s Republic of China. In accordance with the Constitution of the PRC and the Basic Law of the HKSAR, the central government exercises comprehensive jurisdiction over the HKSAR, including the power directly exercised by the central government and the delegated power exercised by the HKSAR government to maintain a high degree of autonomy in the city. The central government must ensure that the delegated power is exercised properly under its supervisory radar. Such supervision serves as a guarantee for the accurate implementation of the “one country, two systems” principle and the Basic Law.
A successful implementation of the Covenant requires a stable political environment. But during the “black-clad”riotsin 2019-20, there was not a single day without protest or violence in the city. The general public lived in fear and lost their freedom of speech and expression. Socioeconomic rights of the public were adversely affected. In response to the riots, the Law of the People’s Republic of China on Safeguarding National Security in the HKSAR (the NSL) was promulgated in June 2020.
Critics claim that the NSL poses a threat to human rights and the rule of law in Hong Kong. Fully aware of the close link between the rule of law and economic development, we find it necessary to dispel the misunderstanding hanging over the NSL. Attention should be drawn to Article 4 of the NSL, which requires that human rights (as guaranteed by the Basic law, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights), including the freedoms of expression, of the press, of assembly, of possession and of demonstration, shall be protected in safeguarding national security.
The NSL only deals with four offenses, namely acts of secession, subversion of state power, organizing and carrying out terrorist activities, and collusion with foreign or external forces to endanger national security. The penalizing net has been cast in the search for an extremely small number of criminals who are posing a serious threat to national security and the economic prosperity of the HKSAR. Some scholars call this an enemy criminal law. Providing protection for the majority of law-abiding residents in the city proves as important to the draftsmen as punishing the offenders of the NSL. In addition to providing safety for the majority ofHong Kong residents, the NSL also protects their rights and freedoms guaranteed by law.
We are of the opinion that the HKSAR has successfully implemented the NSL by striking a balance between safeguarding national security and protecting the rights and freedoms of Hong Kong people. The recent interpretation of Articles 14 and 47 of the NSL has shown the restraints of the Standing Committee of the National People’s Congress in interpreting the NSL. In actual fact, the NSL has been built on elements of post-9/11 security laws and practices adopted in the UK and US and promoted by the UN Security Council.
Constitutionally, the Basic Law provides that permanent residents of the HKSAR shall have the right to vote and the right to stand for election, thus protecting their right to political participation. According to Articles 45 and 68 of the Basic Law, the methods for selecting the chief executive and forming the Legislative Council shall be specified in the light of the actual situation and in accordance with the principle of gradual and orderly progress. The ultimate aim is the selection of the chief executive and the election of all members of the LegCo by universal suffrage.
Concerning freedom of speech and publication, the HKSAR government respects the rights of residents stipulated in the Basic Law and the Hong Kong Bill of Rights Ordinance. Since freedoms of expression and publication are the basic rights of residents, the media are free to report on external affairs.
On Jan 10, 2023, the HKSAR reopened its borders with the Chinese mainland, adding strong momentum to the city’economic recovery. Recently, the bullish sentiment in our stock market, together with capital inflow into renminbi assets and the perceived bright economic outlook of the HKSAR and the mainland, has heralded an important developmental stage of our financial market. Widening our economic horizons, the HKSAR is also active in fostering closer economic ties with Middle Eastern and Southeast Asian countries.
Human Rights Watch, an NGO, has recently published a report to defame the human rights record of Hong Kong. We earnestly invite the Committee on Economic, Social and Cultural Rights to screen out the fallacies in the above report and closely scrutinize the biased Declaration of the International Trade Union Confederation. To be fair to the HKSAR, neitherreport should be adopted.
Junius Ho Kwan-yiu is a Legislative Council member and a solicitor.
Kacee Ting Wong is a barrister, part-time researcher of Shenzhen University Hong Kong and Macao Basic Law Research Center, and chairman of Chinese Dream Think Tank.
The views do not necessarily reflect those of China Daily.