Duffy
Keller
Slinn
Gapes
Duffy
Canavan
Duffy
Canavan
Keller
Harris
Stanley
Duffy
JD did not require no change between 1984 and 1997. Annex 1.1 provides for an elected LegCo - is incumbent on British to make transition towards elections.
Can see change of British policy on FCS but no legal obligation on UK not to change policy.
Accept Chinese have views on what they understand by "functional constituencies" in BL. BL Annex II, para 2 shows their understanding, by references to corporate bodies, etc. But at doligonal To Take A/C of the up to 1997.
in
Is this dispute more about policies, power and who will be on LegCo than legal matters?
As a lawyer not qualified to comment on policies. There has been no breach of legal obligations by
UK.
Is there any respectable body of legal opinion in recal law which could side with Chinese?
No.
strangly
Election Committee
BL silent on membership of 1st LegCo. Why? Oversight? Is this an oversight which Patten's legal advisers spotted and tried to exploit?
Presume gap deliberately left because Chinese thought there was an agreement. Necessary to
introduce legislation in HK. Gap left cas not cop que ate
BL to Sprigre dobrom koji
Bill of Rights? ?
992
FCO referred to JD 156. To what extent does that provide individuals with ability to seek international redress and enforcement?
-
Desirable for PRC to accede to ICCPR. JD 156 might be subject to divergent interpretations. One view provisions remain in force domestically in HK but not including procedures reporting and Optional Protocol (though latter not accepted for HK). My view: better interpretation is that Covenants include international procedures and mechanisms. Reference should be understood as covering the mechanisms, which should continue after 1997. Human Rights Committee looked recently at question of succession of states to treaty obligations in relation to Yugoslavia HRC took view that where a territory has been bound, obligations can pass to successor entity including the international procedures. Supports my view that JD 156 - provisions include