3
(4)
the steps which are necessary to ensure that any default in complying with international human rights law is rectified before the 1st July 1997 and that the observancve of human rights in Hong Kong is monitored after the 1st July 1997.
The Structure of the Report
Chapters I and II contain the introduction and historical background. Chapter III contains a a detailed analysis of the main documents. Chapter IV contains the Mission's findings as to facts and the current state of opinion in Hong Kong. Chapters V and VI deal with the issues of self-determination and right of abode. Chapters VII to X consider the constitutional implications of the Basic Law for the legislature, the executive and the judiciary. Chapter XI deals with the question of public order in Hong Kong. Chapters XII and XIII consider the Bill of Rights Ordinance. Chapter XIV brings together the Mission's criticisms of the Basic Law. Chapter XV contains a general summary of conclusions and recommendations.
Summary of the Report
(1)
(2)
Self-determination and rights of abode (Chapters V and VI)
The Mission concludes
concludes that the people of Hong Kong are, in international law, entitled to
entitled to the right of self-determination. They should have been allowed to exercise that right by being given the opportunity to approve or reject the Joint Declaration by а referendum before it was signed. The UK is not entitled to hand over the holders of British citizenship in Hong Kong (about three million people) to the PRC without having allowed them to exercise their right of self-determination. Since, in practice, the Joint Declaration can not be undone, a meaningful exercise of the right of self-determination is no longer possible. Consequently the UK has an obligation in principle to provide rights of abode in the UK or in acceptable third countries to all British Dependent Territory Citizens in Hong Kong who wish to leave. That obligation is subject to the imposition of a reasonable quota system for admission and to a cut-off date by which the decision to leave Hong Kong must be taken (possibly five or six years after 1997).
The Legislature (Chapter VII)
The Report is strongly critical of the concept of "functional constituencies", under which (both under the present system and under
system and under the provisions of the Basic Law taking effect from 1997) a substantial number of members of the legislature are elected by