Opinion | How Hong Kong contributes to China’s human rights law
Case of jailed Pakistani shows we are a lot closer to the mainland model than we like to admit
Everyone talks about the lack of human rights on the mainland. Yet, the recent case of the 32-year-old Pakistani man, known in court documents as Zn, shows Hong Kong’s own affinity for the “Chinese model” of protecting human rights.
Zn allegedly informed the police, immigration and labour departments that he was a victim of human trafficking. Instead of helping him, they imprisoned him. Hong Kong – it seemed – did not have specific laws against forced labour. Too bad.
Actually, the case has nothing to do with the law on human trafficking but everything to do with the city’s human rights law.
Sure the Basic Law mentions the International Covenant on Civil and Political Rights as constitutional law in Article 39, nestled in a section about residents only.
Yet, unlike most constitutions, which give the covenant direct effect, only the Hong Kong Bill of Rights Ordinance and other laws can implement these rights. Sorry Zn.
Sometimes constitutional effect can make all the difference.
In Eastern Europe (a human rights challenged part of the world like Hong Kong), government administrations I work with actively think how to better uphold human rights.
