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  • REVIEWING THE UNITED KINGDOM'S ICCPR IMMIGRATION RESERVATION IN HONG KONG COURTS

  • Michael Ramsden
  • Journal:
    International & Comparative Law Quarterly / Volume 63 / Issue 3 / July 2014
    Published online by Cambridge University Press:
    17 June 2014, pp. 635-663
    Print publication:
    July 2014

  • In 1976 the UK ratified the ICCPR with a reservation that prevented individuals without the right to ‘enter and remain’ in the UK from invoking Article 12(4) and ‘other provisions’ of the covenant. Upon Hong Kong's reunification with China, the ICCPR ‘as applied to Hong Kong’ in accordance with the UK's ratification was constitutionally guaranteed. It will be argued that the legislation implementing the ICCPR does not reflect the constitutional guarantee ‘as applied to Hong Kong’ because it amounts to a blanket exclusion of all ICCPR rights in immigration matters, impermissibly going beyond the UK's reservation.