Rights groups alarmed by Hong Kong chief executive’s remarks on pulling out of UN torture treaty
Hong Kong could not pull out of convention unilaterally, warn experts
Experts have warned that Hong Kong cannot unilaterally pull out of the United Nations Convention Against Torture, after Chief Executive Leung Chun-ying raised eyebrows by declaring the city would do it “if needed”.
Rights groups are alarmed at the prospect of Hong Kong abandoning the treaty signed by 158 of 193 UN member states after Leung announced a comprehensive overhaul of the current system for dealing with refugee status and asylum to stamp out alleged widespread abuse.
“It would be an extreme measure – and very rare – for any state to withdraw from their commitments under international human rights law,” said Kelley Loper, director of the human rights programme at the University of Hong Kong’s Faculty of Law.
READ MORE: Hong Kong could quit torture convention, says CY
Only China can withdraw from the convention, not Hong Kong on its own, Loper noted. “China would need to make the request on behalf of the state, not a particular part of the state,” she said.
Loper pointed out that Beijing would have to give one year’s notice to the UN if it were to pull out. The convention also stipulates any commitments made before such a withdrawal must be met.
She also explained that even if the central government rejected the convention, Hong Kong’s Basic Law and Bill of Rights duties would still apply.
“Hong Kong also has a duty not to return anyone to face a serious risk of torture or other forms of cruel, inhuman or degrading treatment or punishment under the International Covenant on Civil and Political Rights, which has been entrenched into Hong Kong domestic law,” she said.
Piya Muqit, executive director of Justice Centre, warned that if Hong Kong were to withdraw “it would join the ranks of repressive regimes such as Zimbabwe, the Central African Republic and North Korea”.
