political participation granted every citizen in Article 25 of the ICCPR. The Basic Law of the HKSAR provides that by the year 2007, all members of the Legislative Council will be elected by
Hong Kong citizens, either directly or through functional
constituencies. (Basic Law, Annex 2). In addition, the Basic Law
provides that the Chief Executive will be elected by a broadly
representative Electoral Council. (Basic Law, Annex 1).
Section
13 is thus inconsistent with the Basic Law's aim of popular
election of the Chief Executive and the Legislative Council. At
a minimum, Section 13 should preserve the limited suffrage
provided for in the Basic Law by deleting the words "Legislative
Council" and exempting the Chief Executive from its scope.
In addition, Article 21 of the Bill of Rights, which
provides for the internationally recognized right to participate
in public life, should be interpreted so as not to exclude any
individual on account of racial determinations.
Any limitations
5
Article 21
on suffrage based on such distinctions are unequivocally
prohibited by international human rights agreements.
thus should make clear that such participation may in no manner
be contravened by articles of the Basic Law providing for what
appear to be racial determinations in selecting members of the
Executive Council, principal officials and the Legislative
Council for the HKSAR. Such racial determinations should also be
5 See, e.g., Universal Declaration of Human Rights, arts. 21,2; International Covenant on Civil and Political Rights, art. 3; International Convention on the Elimination of All Forms of Racial Discrimination, art. 5(c); Convention on the Political Rights of Women, art. 3.
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