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Even if the Covenants continued to be applied
to Hong Kong solely through accession by the UK or PRC, there is still no justification for carrying over the ICCPR reservations into the Bill of Rights. The reserva- tions in the Bill of Rights effectively nullify certain fundamental rights in the ICCPR. For example, the right to elect the members of the Executive and Legislative Councils is withdrawn by Section 14 of the Bill of Rights despite the guarantees of political participation granted every citizen in Article 25 of the ICCPR." Such a blan- ket exemption from Article 25 requirements is unnecessary and inconsistent with the Basic Law's ultimate aims of election of the Chief Executive and all Legislators by universal suffrage. See, e.g., Basic Law, Articles 45, At a minimum, the Bill of Rights should recognize
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Article 25 provides in pertinent part that "[e]very citizen shall have the right and opportunity... to take part in the conduct of public affairs, directly or through freely chosen representatives" and to vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage..."
The Basic Laws' restrictions on the ICCPR right of political participation continue to be of concern to the Law Group, including the requirement that, in the first term of two years, all SAR Legislative Council Members will be appointed by decision of the PRC National People's Congress. E.g., Basic Law, Annex I para, I(1).
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