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Chapter 7 Recommendations
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96. We strongly urged the Committee to request the Hong Kong Special Administrative Region Government to repeal the provisions in the Public Order (Amendment) Ordinance that are threatening people's right of peaceful assembly. Any restrictions placed on the exercise of this right have to be in accordance with ICCPR.
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97. We strongly urged the Committee to request the Hong Kong Special Administrative Region Government to abolish the compulsory societies registration. The right to freedom of association and form societies should not be regarded as "unlawful" (if not seeking registration or exemption from registration) if the behaviour itself is not unlawful prescribed by law.
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98. We strongly urged the Committee to request the Hong Kong Special Administrative Region Government to make the application to court should it has to restrict societies activities and processions. The Government should make sure such restrictions must be prescribed by law clearly and not exceed conditions set forth in ICCPR.
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99. We strongly urged the Committee to request the Hong Kong Special Administrative Region Government to issue guidelines embodying a proper balance between upholding human rights and public security for police officers to follow.
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100. We strongly urged the Committee to express concern over the undemocratic nature of the Selection Committee, the Provisional Legislature and the 1998 election especially the undemocratic electoral methods of Functional Committee and Election Committee.
101. We strongly urged the Committee to request the Hong Kong Special Administrative Region Government to reform the election system that the Chief Executive and all members of the Legislature should be elected by universal and equal suffrage.
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102. We strongly urge the Committee to ensure the protection of the rights of the children by demanding the Hong Kong Special Administrative Region Government to repeal the discriminative parts of Immigration (No. 3) Ordinance which contravene the International Covenant on Civil and Political Rights, International Covenant on Social, Economic and Cultural Rights, the Convention on the Rights of the Child, the Sino-British Joint Declaration, the Basic Law, as well as the Hong Kong Bill of Rights Ordinance.
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103. We strongly urge the Committee to request the Hong Kong Special Administrative Region Government not to deport the 1,500 Hong Kong permanent residents, mostly children who are, and issue permanent identity cards which state their right of abode.
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104. We strongly urge the Committee to request the Hong Kong Special Administrative Region Government to repeal the provisions in the Immigration Ordinance that deprive the right of abode of the Hong Kong permanent residents.
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105. We strongly urge the Committee to request the Hong Kong Special Administrative Region Government and the Chinese Government to adopt effective administrative measures in order to enable the children who are permanent residents of Hong Kong to arrive Hong Kong in an orderly manner.
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106. We strongly urge the Committee to request the Hong Kong Special Administrative Region Government and the Chinese Government to reform the One-way Permit system so that the mother of the children who have the right of abode in Hong Kong can join their families in Hong Kong in a speedy way, and the application for family reunification could be dealt with in a humane and expeditious manner.
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107. We strongly urge the Committee to request the Hong Kong Special Administrative Region Government to enact comprehensive legislation on protecting labour's rights.
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108. We strongly urged the Committee to take note of the above situation and urge the Hong Kong Special Administrative Region Government to account for the repeal of human rights law when she submit human rights report to the Committee.
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Remarks:
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1. There is much criticized that the definition of "National Security" is too broad and unclear. As according to the Public Order (Amendment) Ordinance and Societies (Amendment) Ordinance, there is only one sentence explaining this serious allegation, "the safeguarding of the territorial integrity and the independence of the People's of China".
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2. United Nations Human Rights Committee, Concluding Observations of the Human Rights Committee, at its 1469th meeting (fifty-fifth session) held on 1 November 1995, para. 19. 3
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3. One-way Permit system is an emigration policy administered by the mainland authorities. It governs the migration of Chinese citizens to Hong Kong, whether or not they are have the right of abode in Hong Kong.
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4. According to a paper named "Increase of Quota for Chinese Immigrants" , which was submitted to the former Legislative Council by the former Security Branch, Hong Kong Government in June 1995 (Ref.: SACRA 1 / 2091 / 81).
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5. In addition to the One way Permit, the Chinese authority issues "Two-way Permits" for the Chinese citizens for visiting purpose. Two-way Permits usually allows Chinese citizens to stay in Hong Kong for three months.
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