Although Beijing likes to refer to HK as a “domestic” matter, international law is at the heart of HK’s constitutional order and must be considered in any attempt to implement Article 23 of HK’s Basic Law. I begin by reviewing HK’s status on the UN’s list of non-self-governing territories, which created a presumption that residents would exercise their right to self-determination upon decolonization. Although this did not occur, the Sino-British Joint Declaration can be viewed as providing a form of “internal self-determination,” a means of reconciling China’s territorial claims with HK people’s rights. I then consider how Article 23 can be implemented without violating international law. In addition to the Joint Declaration and the ICCPR, I also draw upon the jurisprudence of the ECtHR, the UN Human Rights Committee’s decisions and General Comment 34. This body of law shows it is possible to protect China’s legitimate security interests without violating HK people’s rights.
Our 2020 Annual Conference was scheduled to be held at the University of Wrocław in Poland on July 9-11, 2020.
Due to the COVID-19 pandemic, the ICON·S Executive Committee has decided to postpone our 2020 Conference to 2021. Our next Annual Conference will take place from July 8-10, 2021, in Wrocław, Poland.
Procedural details regarding the organization of the 2021 Conference will follow in the months ahead.Join ICON•S