Human rights in Hong Kong

Human rights protection is enshrined in the Basic Law and its Bill of Rights Ordinance (Cap.383). By virtue of the Bill of Rights Ordinance and Basic Law Article 39, the International Covenant on Civil and Political Rights (ICCPR) is put into effect in Hong Kong. Any legislation that is inconsistent with the Basic Law can be set aside by the courts.

In general, Hong Kong is perceived to enjoy a high level of civil liberties. The Hong Kong government generally respects the human rights of the citizens, although core issues remain. There are concerns over the freedom of assembly which is restricted by the Public Order Ordinance. The police has been occasionally accused of using heavy-handed tactics towards protestors and questions are asked towards the extensive powers of the police. As to the right of privacy, covert surveillance remains the major concern. There is a lack of protection for homosexuals due to the absence of a sexual orientation discrimination law. There are also comments regarding a lack of protection for labour rights.

Human rights in Hong Kong occasionally comes under the spotlight of the international community because of its world city status. This is occasionally used as a yardstick by commentators to judge whether the People's Republic of China has kept its end of the bargain of the "One Country, Two Systems" principle granted to the Hong Kong Special Administrative Region by its current mini-constitution, the Basic Law, under the Sino-British Joint Declaration. Alleged human rights violations are sometimes used by skeptics to argue that the “One Country, Two Systems” policy is a failure.

Under the Annex I (Section XI) of the Sino-British Joint Declaration, it stated that:

The Hong Kong Special Administrative Region Government shall protect the rights and freedoms of inhabitants and other persons in the Hong Kong Special Administrative Region according to law. The Hong Kong Special Administrative Region Government shall maintain the rights and freedoms as provided for by the laws previously in force in Hong Kong, including freedom of the person, of speech, of the press, of assembly, of association, to form and join trade unions, of correspondence, of travel, of movement, of strike, of demonstration, of choice of occupation, of academic research, of belief, inviolability of the home, the freedom to marry and the right to raise a family freely.

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