TNAG-0413-FCO40-459-Extension-of-European-Convention-on-Human-Rights-to-Hong-Kon-1973 — Page 31

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making use of Article 15 of the Convention.

This allows a

party to derogate from its obligations under the Convention

"in time of war or other public emergency threatening the

life of the nation". This power of derogation has been used,

for example, in Northern Ireland. But it would be politically

very undesirable in Hong Kong, since its use could raise the

whole question of the future of Hong Kong and its relations

with China at a moment when the maintenance of public confidence

would be of the greatest importance.

3.

However, it can be said that, apart from the emergency

regulations mentioned above, the law in Hong Kong is fully

consistent with Article 6 of the Convention on Human Rights.

In any case the Right of petition to the European Commission

is not an inevitable result of the extension of the Convention

to particular territories. For example, the Convention extends

without the Right of Fetition to Jersey and to Brunei.

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