[2] Continued application of the ICCPR in the Hong Kong Special Administration Region was stipulated in the Sino-British Joint Declaration and Article 39 of the Basic Law.

The expression 'as applied to Hong Kong' was understood to include the substantive rights provisions of the ICCPR subject to the reservations entered by the United Kingdom upon her ratification of the same.

Hence, Part II of the present Ordinance reproduces verbatim the substantive rights provisions of the ICCPR, subject to minor changes reflecting the fact that Hong Kong is not a sovereign state.

Part III of the HKBORO reproduces, albeit in slightly different language, the reservations entered by the United Kingdom in respect of Hong Kong.

As such, Sections 2(3), 3 and 4 were not adopted as part of the laws of the Hong Kong SAR in accordance with the Decision of the Standing Committee of the National People's Congress on 23 February 1997.

The period from 8 June 1991 to 1 July 1997 was described as one during which the courts of Hong Kong produced a valuable if not very large body of human rights jurisprudence and gained a useful six years of pre-handover experience of meaningful constitutional review.

The HKBORO in some circumstances also imposes an obligation for positive actions to manifest rights provided in the Ordinance through enacting laws and adopting social policies.