On The Application Of The International Covenant On Civil And Political Rights In The Hong Kong Special Administrative Region

The treaty making power of Hong Kong Special Administrative Region has its own particularity because the subject of international law traditionally is a nation, not like Hong Kong SAR. The 39 th article of The basic law of the Hong Kong SAR and some other international treaties including,International Covenant on Civil and Political Rights hereinafter referred to as ICCPR, are still valid and are applied to HK SAR.The legal basis of that the ICCPR still has its own validity in Hong Kong SAR even China’s mainland do not accede to is a kind of institutional innovation during the process of applying One-Country-Two-System Policy. It is not because of the diplomatic note from the P. R. China government, not to follow the Theory of State Succession, even not the treaty transformation theory application in Hong Kong. This paper first introduced the application conditions of ICCPR in Hong Kong. Meanwhile, analysis about what is the standing of Hong Kong regarding the International Law, about the legal basis for applying ICCPR in Hong Kong, the implementation status of ICCPR before and after the handover of Hong Kong government are also done.Secondly,starts to discuss about the relationship between ICCPR and some Human Right Act, the difference and relations between ICESCR and The Hong Kong Bill of Rights ordinance A deep discussion on the application of international human right acts in Hong Kong through an analysis of the Case.Wu Gongshao case and educational system discrimination on girls. Thirdly, put up with implementation ideas after HK accede to ICCPR. The author hopes to have a deep and proper acknowledge about the real application status of ICCPR In Hong Kong SAR so that to use properly to safeguard citizen’s legal rights according to law, and also will be helpful for Hong Kong SAR to establish a better image in international inercourse. At the end, hope ICCPRC an bring active effect into safeguarding the human rights to ensure the long-term stability and development of Hong Kong SAR.