a To take part in the conduct of public affairs directly or through freely

A to take part in the conduct of public affairs

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(a) To take part in the conduct of public affairs, directly or through freely chosen representatives; (b) To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors; (c) To have access, on general terms of equality, to public service in his country.” Others expressed that the selection of the Chief Executive shall be organized in accordance with Art 45 of the Basic Law of Hong Kong, the constitution of the Region, and there is no conflict between international standard and the constitutional provisions. Art 45 of the Basic Law stipulates that: “The Chief Executive of the Hong Kong Special Administrative Region shall be
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4 selected by election or through consultations held locally and be appointed by the Central People's Government. The method for selecting the Chief Executive shall be specified in the light of the actual situation in the Hong Kong Special Administrative Region and in accordance with the principle of gradual and orderly progress. The ultimate aim is the selection of the Chief Executive by universal suffrage upon nomination by a broadly representative nominating committee in accordance with democratic procedures. The specific method for selecting the Chief Executive is prescribed in Annex I: ‘Method for the Selection of the Chief Executive of the Hong Kong Special Administrative Region’.” a. Discuss the significance of Art 25 of the ICCPR and define international practice; (10 marks) b. Discuss if Art 45 is compatible with international standard practice, and to what extent it is/is not compatible? (20 marks) c. In accordance with both the ICCPR and the Basic Law, distil the general principles that shall govern the election of the Chief Executive in 2017, and explain with reasons. (20 marks) ~ End of Examination Paper ~
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