- 24
J
(d)
The
Commission states that Article 23 of the Basic
Law is contrary to International Covenant on Civil
and Political
association.
Rights
-
freedom of expression and
But it is necessary to look at
paragraph 3(5) of the
Article XIII (JD 156).
Joint Declaration and
Article 23 of the Basic
Law must be construed against that background and
in a manner which is consistent with the Joint
Declaration. If it is not, the United Kingdom
will be able to take it up with the Chinese
Peoples Government.
(e)
The
Commission states says that Article 43 of the
Basic Law (Chief Executive accountable to Chinese
Peoples Government and
Hong Kong Special
Administrative Region) is inconsistent with the
Joint Declaration (see JD 50). It is not agreed
that these provisions are necessarily mutually
inconsistent.
(f)
The Commission's remarks on Article 44 of the
Basic Law (page 111 of the report) are based on
too broad an interpretation of Article 25 of the
International Covenant on Civil and Political
Rights.
(g) Articles 49-52
of the Basic Law are not
inconsistent with Article II of Annex 1 of the
Joint Declaration.
If the law does not have the
support of the Chief Executive it would not be
enacted in
Basic Law.
accordance
with the provisions of the