Thank you very much for the message. The content has been noted. We shall
reply to you, where appropriate, as soon as possible. (The above is
generated by an auto-reply programme to acknowledge receipt of your
message.)

多謝閣下的電子郵件，內容備悉。如有需要，我們會盡快作出回覆。(以上為電腦自動
發出的回覆信息。)

Dear Mr Jackson,

        We refer to your email of 5 August 2021 enquiring about Article 39
of the Basic Law of the Hong Kong Special Administrative Region of the
People’s Republic of China and Article 3 of the Hong Kong Bill of Rights
under section 8 of the Hong Kong Bill of Rights Ordinance (Cap. 383).

        We would like to draw your attention to Hong Kong e-legislation
(accessible through the following link:
[1]https://www.elegislation.gov.hk/), which is the official database of
Hong Kong legislation, and provides free online access to constitutional
instruments and the consolidated statute laws of Hong Kong.  You may wish
to refer to this database for the laws (and the provisions therein)
currently in force in Hong Kong.

        You may also refer to the website of the Constitutional and
Mainland Affairs Bureau (accessible through the following link:
 [2]https://www.cmab.gov.hk/en/press/publica...) and its various
publications on human rights, including “An Introduction to Hong Kong Bill
of Rights Ordinance” (accessible through the following link:
 [3]https://www.cmab.gov.hk/doc/en/documents...).

        Please note that the above does not constitute legal advice, and
you may wish to consult your own legal advisor where necessary.
Yours sincerely,

Jessica Leung
Executive Officer
Constitutional and Policy Affairs Division
Department of Justice

-------- Original Message --------

Subject: [Possible SPAM] Freedom of Information request - No one shall be
subjected without his free consent to medical or scientific
experimentation
Date: Thu, 05 Aug 2021 07:19:52 +0000
From: Paul Jackson [4]<[FOI #710 email]>
To: FOI requests at Department of Justice [5]<[Department of Justice request email]>

Dear Sir or Madam,

Please can you confirm the following two points of law.

1. That Article 39 of the Basic Law of the Hong Kong Special
Administrative Region remains in force, which in its official English
translation states:

Article 39

The provisions of the International Covenant on Civil and Political
Rights, the International Covenant on Economic, Social and Cultural
Rights, and international labour conventions as applied to Hong Kong shall
remain in force and shall be implemented through the laws of the Hong Kong
Special Administrative Region.

The rights and freedoms enjoyed by Hong Kong residents shall not be
restricted unless as prescribed by law. Such restrictions shall not
contravene the provisions of the preceding paragraph of this Article.

2. That Article 3 of Cap. 383 Hong Kong Bill of Rights Ordinance – which
refers to and is identical to Article 7 of the International Covenant on
Civil and Political Rights – remains in force, which in its official
English version states:

Article 3

No torture or inhuman treatment and no experimentation without consent

No one shall be subjected to torture or to cruel, inhuman or degrading
treatment or punishment. In particular, no one shall be subjected without
his free consent to medical or scientific experimentation.

[cf. ICCPR Art. 7]

Thank you in advance for your assistance in this matter.

Yours faithfully,

Paul Jackson.

-------------------------------------------------------------------

This is a request under the Code of Access to Information facilitated via
the accessinfo.hk website.

Please use this email address for all replies to this request:

[6][FOI #710 email]

Is [7][Department of Justice request email] the wrong address for Freedom of Information
requests to Department of Justice? If so, please contact us using this
form:

[8]https://accessinfo.hk/en/change_request/...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

[9]https://accessinfo.hk/en/help/officers

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

References

Visible links
1. https://www.elegislation.gov.hk/
2. https://www.cmab.gov.hk/en/press/publica...
3. https://www.cmab.gov.hk/doc/en/documents...
4. mailto:[FOI #710 email]
5. mailto:[Department of Justice request email]
6. mailto:[FOI #710 email]
7. mailto:[Department of Justice request email]
8. https://accessinfo.hk/en/change_request/...
9. https://accessinfo.hk/en/help/officers

hide quoted sections