Slinn
Harris
Duffy
Stanley
Duffy
procedures.
Mechanism should be found to ensure
that for at least 50 years all people are protected by international reporting mechanism. Within spirit of JD for China to accept right of individual petition for HK at least.
Agree with Duffy - Will China accept obligation to report in respect of HK?
If not what good are the guarantees?
If clear failure to observe HRS, could be breach of JD. If there were a Treaty dispute UK-PRC, how far it could be resolved by diplomatic means, can only speculate. Obligation under Article 3 JD after 97 to ensure previous life-style continues. Article 3 (5) "life-style" defined by reference to what follows in that provision rights and freedoms are expressly referred to.
Desirable to establish mechanism for continuing reporting obligations and for individual access to HRC. Shouldn't HKG put these in place?
Must clarify. HK people do not have access to HRC under the Optional Protocol at present since not accepted by HMG. JD 156 obligation on China cannot include obligation to introduce right of individual access. Desirable but UK would need agreement of PRC. Legal obligation is to continue reporting. If mechanism not found, there would be an issue under JD 156.
NB
Obviously no references were actually made to the marginal numberings in the JD. I used them in my notes as shorthand.
Jill Barrett
3 November 1993