TNAG-2487-FCO40-3618-Future-relations-between-Hong-Kong-and-China-1992 — Page 192

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J

(d)

The

Commission states that Article 23 of the Basic

Law is contrary to International Covenant on Civil

and Political

association.

Rights

-

freedom of expression and

But it is necessary to look at

paragraph 3(5) of the

Article XIII (JD 156).

Joint Declaration and

Article 23 of the Basic

Law must be construed against that background and

in a manner which is consistent with the Joint

Declaration. If it is not, the United Kingdom

will be able to take it up with the Chinese

Peoples Government.

(e)

The

Commission states says that Article 43 of the

Basic Law (Chief Executive accountable to Chinese

Peoples Government and

Hong Kong Special

Administrative Region) is inconsistent with the

Joint Declaration (see JD 50). It is not agreed

that these provisions are necessarily mutually

inconsistent.

(f)

The Commission's remarks on Article 44 of the

Basic Law (page 111 of the report) are based on

too broad an interpretation of Article 25 of the

International Covenant on Civil and Political

Rights.

(g) Articles 49-52

of the Basic Law are not

inconsistent with Article II of Annex 1 of the

Joint Declaration.

If the law does not have the

support of the Chief Executive it would not be

enacted in

Basic Law.

accordance

with the provisions of the