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making use of Article 15 of the Convention.
This allows a
party to derogate from its obligations under the Convention
"in time of war or other public emergency threatening the
life of the nation". This power of derogation has been used,
for example, in Northern Ireland. But it would be politically
very undesirable in Hong Kong, since its use could raise the
whole question of the future of Hong Kong and its relations
with China at a moment when the maintenance of public confidence
would be of the greatest importance.
3.
However, it can be said that, apart from the emergency
regulations mentioned above, the law in Hong Kong is fully
consistent with Article 6 of the Convention on Human Rights.
In any case the Right of petition to the European Commission
is not an inevitable result of the extension of the Convention
to particular territories. For example, the Convention extends
without the Right of Fetition to Jersey and to Brunei.
CONFIDENTIAL