The following can only be a brief introduction of the legal subject concerned. Before you take any action which may have legal consequence, you should first seek advice from your own lawyer or make an appointment at any District Office to see a volunteer lawyer of the Free Legal Advice Scheme.




(603) CIVIL AND POLITICAL RIGHTS: - CHAPTER III BASIC LAW AND THE BILL OF RIGHTS ORDINANCE

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Civil and Political rights are those basic legal rights which the Government is bound to recognize and respect and which cannot be diminished in any way. If such rights are not recognized and respected we would not have a civilized society.

There are two sources of law respecting civil and political rights in the HKSAR. The first is Chapter III of the Basic Law which is entitled 'Fundamental Rights and Duties of the Residents [of the HKSAR]'. The second is the Bill of Rights Ordinance which was enacted in June 1991 and based on the United Nations International Covenant on Civil and Political Rights as applied to Hong Kong.

Because of the constitutional arrangements under the Basic Law, the rights guaranteed by the ICCPR through the Bill of Rights Ordinance also find their way into Hong Kong law through the Basic Law which says that ICCPR rights are to be recognized.

The categories of civil and political rights which are protected in Hong Kong under the Basic Law and the Bill of Rights include: the right of abode in Hong Kong; the right to life; the right to liberty and security of person; the rights of persons deprived of personal liberty; the right not to imprisoned for breach of contract; the right to freedom of movement; the rights of persons who are to be expelled from Hong Kong; the right to fair trial; the rights of persons charged with or convicted of criminal offences; the rights against retrospective criminal offences or penalties; the right to privacy; the right to freedom of thought, conscience and religion; the right to freedom of expression; the right of peaceful assembly; the right to freedom of association; rights in respect of marriage and family; the rights of children; the right to participate in public life; the right to equality before the law; and the rights of minorities.

It is not possible to explain the exact legal content of all of these rights in this tape. However, it is important to note that no law enacted by Legco can contradict or contravene these basic rights. If a person complained that a law authorized his treatment in a way which was incompatible with his basic rights the courts would, if they agreed, have no option but to declare the law in question unconstitutional.

Perhaps it is worth drawing attention to one right in particular. That is the right under Article 11(2)(d) of the Bill of Rights Ordinance for a defendant in a criminal case to have free legal representation if he cannot afford to pay.

Free representation for persons charged with many kinds of offences which can be tried by a magistrate may be provided by the Duty Lawyer Service. If you think that you may be entitled to free representation you should contact the Service's Liaison Officers in the court where your case is being heard.

Date of amendment: 22nd February 2013