Koon Chi Hang
SID: 1155038045
LAWS 3370 Human Rights and the Law
Realising Universal Suffrage in Hong Kong: Status of the Reservation to the International Covenant of Civil and Political Right
1. Introduction
In a number of protests and demonstrations, citizens in Hong Kong enunciated their demand for universal suffrage guaranteed under the Basic Law and the Bill of Rights (“BOR”), which is the local legislation implementing the International Covenant of Civil and Political Right (“ICCPR”). The present political system, with the undemocratically elected functional constituencies in the legislative council and the chief executive elected by a small portion of privileged people, is manifestly violating article 25 of the ICCPR.
With the reluctance to grant Hong Kong citizens a universal and equal suffrage, the Hong Kong government has been relying on a reservation made by the United Kingdom when they ratified ICCPR in 1976. They claim that relevant parts of the ICCPR do not
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Amongst all kinds of political rights, the right to equal and universal suffrage, provided by article 25 of the ICCPR, is arguably the most important right, with its indivisibility and utmost importance in the covenant. It is even suggested by a member of HRC that, “any reservation in respect of article 25 was not compatible with the object and purpose of the Covenant.” It seems that the 1976 reservation, purportedly barred Hong Kong citizen’s right to vote and to be elected at genuine periodic elections, strikes at the roots of the ICCPR, which recognises “the inherent dignity and the equal and inalienable rights of all members of the human family”
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