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Human Rights Issues -- March 2001
China ratified UN Human Rights Treaty (1 March 2001) (General)
Advocacy for legislation against racial discrimination (March 5, 2000) (Article 2)
The Court of Final Appeal was urged to consult Beijing on abode right ruling (March 6, 2001)
SAR Professor detained in the Mainland (31 March 2001) (Article 9, 10)
China ratified UN Human Rights Treaty (1 March 2001) (General)
In 1997, China signed a major international covenant - International Covenant on Economic, Social and Cultural Rights, which is also applied to Hong Kong and Macau. But, it has waited for more than 4 years to ratify. Although the Standing Committee of the National People's Congress notarized to ratify it, there are reservations on allowing free trade unions. Xinhua said "The Chinese Government will assume the obligations prescribed in item I (a) of Article Eight of the convention [pertaining to the establishment of free trade unions] in line with relevant provisions of China's constitution, trade union law and labour law."
In China, there is only one legitimate and legal trade union which is the All China Federation of Trade Union.
The ratification was endorsed a day after the visit of UN High Commissioner for Human Rights Mary Robinson. It was widely perceived as a goodwill gesture for the avoidance of US-led censure at the annual UN human rights meeting in April and the improvement of its image in biding the 2008 Olympic Games.
Advocacy for legislation against racial discrimination (March 5, 2000) (Article 2)
As the problem of racism becomes more serious in Hong Kong, social activists launches the "Hong Kong Against Racial Discrimination" campaign and advocated on legislation against racial discrimination. The campaign was initiated in memory of Indian lawyer Harinder Veriah, 33, who was dead at Ruttonjee Hospital last year and it was suspected as a result of the sub-standard treatment due to her race. Ms. Vandana Rajwani, the campaign spokeswoman, said that the general public always underestimated the racial intolerance in Hong Kong and the SAR Government always denied admitting it. She argued that racism would threat to Hong Kong's international image. The campaign would collect one million signatures from the public to urge the Government to legislate against racism. Those signatures would also submit to Mary Robinson, the UN High Commissioner for Human Rights.
According to Anna Wu Hung-yuk, the chairperson of the Equal Opportunity Commission, the number of complaints of racial discrimination in 2000 was 66, which was twice of the sum of the three previous years. However, the Commission could not handle with these complaints due to the absence of the related legislation.
Under great pressure from the general public, the government's attitude has changed and admitted the existence of the problem. By the end of March, a source told that the Home Affairs Bureau had reviewed the need for legislation against racial discrimination, its impact and the feedback of the business community. According to principal assistant secretary for Home Affairs, Mr. John Dean, the Government was open-minded on legislation and she was not deaf to opinion on anti-discrimination law (SCMP March 20, 2001). It was estimated that the government's action was in response to the World Conference against Racism in Durban, South Africa hosted by the United Nations in August.
The Court of Final Appeal was urged to consult Beijing on abode right ruling (March 6, 2001)
(Article 23)
The case of Mr. Chong Fung-yuen, who was born in Hong Kong while his mainland parents were visiting on two-way permits, was ruled in his favor by the Court of First Instance and Court of Appeal. The rulings stated that children born in Hong Kong by the mainland parents would automatically become permanent residents. The Immigration Department appealed the case and the hearing was heard by Mr. Justice Li Kwok-nang, Mr. Justice Kemal Bokhary, Mr. Patrick Chan Siu-oi, Mr. Justice Robert Ribeiro and Sir Anthony Mason in the Court of Final Appeal (CFA).
Mr. Joseph Fok, Senior Counsel, for the Director of Immigration, told the CFA that CFA was obliged to refer to the Basic Law provision to Beijing for interpretation before deciding the case. Firstly, Mr. Fok stated that the Basic Law excluded Chinese citizens who were born by illegal immigrants, overstayers and people living temporarily in Hong Kong. Secondly, the true legislative intent of Article 22(4) and 24(2)(3) had already explained by the National People's Congress Standing Committee (NPCSC) after interpretation in June 1999. In the NPCSC's interpretation, it overturned two rulings in January 1999 by the CFA and denied the right of abode to any child without at least one parent having Hong Kong permanent residency at the time of birth. As Article 24(1) of the Basic Law concerned affairs involving the relationship between the Central People's Government and the SAR Government, the CFA should take the interpretation in1999 as guidance for judgement and seek interpretation under Article 158(3) of the Basic Law.
Mr. Fok also pointed out that social danger would be resulted if the ruling was in favor of the respondents. He warned that there was an obvious risk to encourage the clandestine entry of expectant mothers, to provoke illegal overstaying and illegal activities. The hearing would be continued and the ruling would be announced in July 2001.
SAR Professor detained in the Mainland (31 March 2001) (Article 9, 10)
An associate business professor at the City University, Mr. Li Shaomin, 45, became the second US academic in six weeks to be detained in the Mainland. US based Chinese scholar Gao Zhan was being detained on 19 February due to allegation of being a spy.
Mr. Li's wife, Amy Liu Yinli, who is also a professor at the university, was informed that her husband was arrested by the Shenzhen Bureau of the Ministry of State Security in February and is being held for undisclosed reasons. Mr. Li lost his contact with his family after crossing the border from Hong Kong to visit a friend in China. However, his friend said he never arrived. On 26 February, Mrs. Li reported the loss of her husband to Shek Kip Mei Police station.
The US Embassy in Beijing confirmed that it received the notification from China's side about the detention of Mr. Li. The Embassy refused to disclose where and why Mr. Li was detained. It had sent an official to visit Mr. Li and his health condition was satisfactory.
However, a spokesman for the SAR's office in Beijing said they had not receive the request of help from Li's family and it had no much information of his case. The Secretary of Security Bureau in Hong Kong, Mr. Regina Yip, said they would not actively follow up the case unless they received the request from Li's family. But a source from the Police said they received the notification from Mr. Li's wife that Mr. Li was safe and requested they did not follow up the case.
The City university expressed its concern for Mr. Li but had not receive a request from his family for help and have no details of his detention.
Mr. Frank Lu Siqing, director of the Information Center of Human Rights and Democratic Movement in China, said Mr. Li was not known for his radical political viewpoints and he had little contact with dissidents overseas. He believed that the detention of Mr. Li would be less connection with his father. Li's father is a prominent liberal scholar accused by Beijing of having a secret role in June 4 1989. He was detained for 10 months as a result and now lives with his son in Hong Kong.