TNAG-0918-FCO40-1129-Human-rights-in-Hong-Kong-1977 — Page 55

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

Article 41

The Court shall elect its President and Vice-President for a period of three years. They may be re-elected.

Article 47

The Court may only deal with a case after the Commission has acknowledged the failure of efforts for a friendly settlement and within the period of three months provided for in Article 32.

Article 42

The members of the Court shall receive for each day of duty a compensation to be determined by the Committee of Ministers.

Article 43

For the consideration of each case brought before it the Court shall consist of a Chamber composed of seven judges. There shall sit as an ex officio member of the Chamber the judge who is a national of any State party concerned, or, if there is none, a person of its choice who shall sit in the capacity of judge; the names of the other judges shall be chosen by lot by the President before the opening of the case.

Article 44

Only the High Contracting Parties and the Commission shall have the right to bring a case before the Court.

Article 48

The following may bring a case before the Court, provided that the High Contracting Party concerned, if there is only one, or the High Con- tracting Parties concerned, if there is more than one, are subject to the compulsory jurisdiction of the Court or, failing that, with the consent of the High Contracting Party concerned, if there is only one, or of the

High Contracting Parties concerned if there is more than one :

(a) the Commission;

(b) a High Contracting Party whose national is alleged to be a victim;

(c) a High Contracting Party which referred the case to the Com- mission;

(d) a High Contracting Party against which the complaint has been lodged.

Article 49

Article 45

The jurisdiction of the Court shall extend to all cases concerning the interpretation and application of the present Convention which the High Contracting Parties or the Commission shall refer to it in accordance with Article 48.

In the event of dispute as to whether the Court has jurisdiction, the matter shall be settled by the decision of the Court.

Article 46

1. Any of the High Contracting Parties may at any time declare that it recognises as compulsory ipso facto and without special agreement the jurisdiction of the Court in all matters concerning the interpretation and application of the present Convention.

2. The declarations referred to above may be made uncon- ditionally or on condition of reciprocity on the part of several or certain other High Contracting Parties or for a specified period.

3. These declarations shall be deposited with the Secretary General of the Council of Europe who shall transmit copies thereof to the High Contracting Parties.

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Article 50

If the Court finds that a decision or a measure taken by a legal authority, or any other authority of a High Contracting Party, is com- pletely or partially in conflict with the obligations arising from the present Convention, and if the internal law of the said Party allows only partial reparation to be made for the consequences of this decision or measure, the decision of the Court shall, if necessary, afford just satisfaction to the injured party.

Article 51

1. Reasons shall be given for the judgment of the Court.

2. If the judgment does not represent in whole or in part the unanimous opinion of the judges, any judge shall be entitled to deliver a separate opinion.

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