¹ See generally: Ghai, Yash PHong Kong's New Constitutional Order: the Resumption of Chinese Sovereignty and the Basic Law (2nd ednHong Kong University Press Hong Kong 1999)Google Scholar; Roda, MushkatOne Country, Two International Legal Personalities: The Case of Hong Kong (Hong Kong University Press Hong Kong 1997).Google Scholar

² Note a telling remark by the former Commissioner of the Chinese Foreign Ministry in Hong Kong, Ma Yuzhen: ‘Permitting foreign nationals to take part in international conferences as members of a government delegation is something not only unprecedented in the diplomatic history of New China but also rare in the history of international diplomacy.’ Cited in ‘Pledging to Ensure Success of SAR’ China Daily (Hong Kong edn 23 12 1997).Google Scholar

³ For a list of the international organizations limited to states in which representatives of the HKSAR government participate, in accordance with BL 152, as members of delegations of the PRC, or in such other capacity as may be permitted by the CPG and the international organization concerned, see <http://www.info.gov.hk/cab/topical/iorg_Its.html>.

⁴ For a list of intergovernmental organizations not limited to states in which the HKSAR participates using the name ‘Hong Kong, China,’ see <http://www.info.gov.hk/cab/topical/iorg_gov.html>.

⁵ See generally ‘Study on the Third Sector Landscape in Hong Kong’ released by the Central Policy Unit (CPU), HKSAR Government on 27 Aug 2004, available online at <http://www.info.gov.hk/cpu/english/papers/3rd_content.pdf>.

⁶ For a list of the non-intergovernmental organizations of which HKSAR is a member, see <http://www.info.gov.hk/cab/topical/bottom4.htm>.

⁷ For a list of multilateral treaties in force and applicable to the HKSAR, see <http://www.legislation.gov.hk/interlaw.htm>.

⁸ For links to lists of bilateral international agreements of the HKSAR which have come into force, see <http://www.legislation.gov.hk/choice.htm>.

⁹ See <http://www.legislation.gov.hk/choice.htm>.

¹⁰ As at 1 July 2006, there were 57 Consulates-General, 54 Consulates and 5 Officially Recognized Bodies in Hong Kong. See www.protocol.gov.hk/eng/consular/index.html>.

¹¹ At present there are Hong Kong Economic and Trade Offices (ETOs) in countries that are major trading partners of the HKSAR, namely: Australia, Belgium (the EU), Canada, Japan, Singapore, Switzerland, the UK, and the US. See links to the individual ETOs at <http://en.wikipedia.org/wiki/Hong_Kong_Economic_and_Trade_Office>.

¹² See most recent ranking in ‘2006 Index of Economic Freedom’ at <http://www.heritage.org/research/features/index/countries.cfn?id=Hongkong>.

¹³ See most recent ranking in ‘The World Competitiveness Scoreboard 2005’ at <http://www01.imd.ch/wcc/ranking/>.

¹⁴ See the series of six-monthly reports to the UK Parliament by the Secretary of State for Foreign and Commonwealth Affairs on the Implementation of the Sino-British Joint Declaration on the Question of Hong Kong; most recent report (covering January–June 2006) was submitted in July 2006. Available at <http://www.fco.gov.uk/>; US—Hong Kong Policy Act reports have been submitted annually by the US Department of State to the US Congress since 1993; the 2005 Report was issued in April 2006. Available at <http://usinfo.state.gov/>; The Commission of the European Communities has been submitting its Annual Reports on HKSAR to the Council and the European Parliament since 1998; the 7th (2004) Report was issued in July 2005. Available at <http://ec.europa.eu/comm/external_relations/hong_kong/doc/comm05_308_en.pdf>.

¹⁵ See extracts from the Political and Economic Risk Consultancy's ‘Report on the Rule of Law in Asia’ (based on a survey of expatriate businessmen and multinational companies with regional headquarters) in Albert, Wong ‘Rule of Law Best in Asia—but SAR Warned Not to Slip,’ The Standard (3 06 2005).Google Scholar

¹⁶ See Key Statistics provided by InvestHK at <http://www.investhk.gov.hk/>.

¹⁷ See <http://www.info.gov.hk/hkbi/eng/doc_pdf/n11.pdf>.

¹⁸ See ‘Study on the Third Sector Landscape in Hong Kong’ (n 5).

¹⁹ US State Department ‘Background Note: Hong Kong’ <http://www.state.gov>. See also EU's welcoming of Hong Kong's ‘constructive participation’ in the WTO, at Europa ‘The EU's Relations with HKSAR’ at <http://eruopa.eu.int/comm/external_relations/hong_kong/intro/>.

²⁰ See US Hong Kong Policy Act Report as of 31 Mar 2002 at <http://www.unconsulate.org.hk>.

²¹ See ‘Background Note’ (n 19).

²² See Trade and Industry Department, HKSARG ‘APEC and Hong Kong’ at <htpp://www.tid.gov.hk/print/english/trade_relations/tradefora/apec_apec_hk.html>.

²³ This was one of the principal findings in a Consultancy Study on Hong Kong's External Relations undertaken by the Institute for China and Global Development (ICGD), the University of Hong Kong, on commission of the Central Policy Unit (CPU) of the HKSAR Government in 2003 (hereafter: ICGD Study); the Study, which thus far has not been officially released, is on file with the author of this article (who was one of the Study's consultants/writers of the report).

²⁴ See at <http://www.unfccc.int/files/essential_background/kyoto_protocol/application/pdf/ kpstats.pdf>. See also ‘HK Accepts UNFCCC, Kyoto Protocol’ (30 05 2003). <http://www2.chinadaily.com.cn/en/doc/2003-05/30/content_167202.htm>..>Google Scholar

²⁵ The announcement was appended to China's ratification of the Protocol on 13 Aug 2004. See <http://www.pops.in/documents/signature/sigsttus.html>.

²⁶ See World Health Organization ‘Updated Status of the WHO Framework Convention on Tobacco Control’ (containing a note to the effect that on 11 Oct 2005 the Government of China informed the Secretary-General of its extension of the Convention to the HKSAR in accordance with the provision of Art 153 of the BL), at <http://www.who.int/tobacco/framework/countrylist/en/print.html>.

²⁷ See ‘China Formally Joins International Convention for Suppression of Terrorist Bombing’ at <http://english.people.com.cn/200111/14print20011114_84549.html>.

²⁸ Adopted at the 1992 Environmental Summit on Sustainable Development and came into operation in 1993.

²⁹ The Protocol is designed to control the introduction and transboundary movement of living modified organisms (LMOs).

³⁰ See HKSAR Government Consultation Paper Review of Nature Conservation Policy of Hong Kong (2003) at <http://www.etwb.gov.hk>..>Google Scholar

³¹ See ICGD Study (n 23).

³² See US—Hong Kong Policy Act Report of 1 Apr 2005 [US—HK Policy Report 2004], at <http://www.state.gov/p/eap/r/s/rpt/44543.htm>.

³³ In fact, attracting criticism of the manner in which such legislative acts were passed. See Press Release by Amnesty International Hong Kong addressed to the Chief Executive and members of the Legislative Council dated 21 Oct 2002, expressing ‘concerns and regrets’ over the rushing through of the United Nations (Anti-Terrorism Measures) Ordinance, at <http://www.amnesty.org.hk/press/anti_terror_hk.htm>.

³⁴ Most notably, the United Nations (Anti-Terrorism Measures) Ordinance—enacted in July 2002 to implement [the mandatory elements of] UNSCR 1373 and [the most pressing] Special Recommendations of the Financial Action Task Force on Money Laundering [FATF]—and the UN (Anti-Terrorism Measures) (Amendment) Ordinance, passed in July—to give full effect to UNSCR 1373 and the FATF Special Recommendations.

³⁵ See US—HK Policy Report 2004.

³⁶ See presentation by Hong Kong's Director of Public Prosecutions, Grenville Cross, SC on ‘Cooperation in the Combat of Terrorism and Terrorist Finance—An Asian Perspective’ (08 2003), available online at <http://www.iap.nl.com/speeches_annual_conference_2003_washington/>..>Google Scholar

³⁷ See US—HK Policy Report 2004.Google Scholar It is interesting to note that notwithstanding sovereignty issues involved in basing US government officials on Chinese territory, Hong Kong has been given a ‘free hand’ to conclude this cooperation arrangement with the US.

³⁸ See list of the 12 major multilateral conventions and protocols related to States' responsibilities for combating terrorism at <http://www.undoc.org/undoc/terrorism_conventions.htm>. Note also the recent addition to the list of the International Treaty for the Suppression of Acts of Nuclear Terrorism, adopted by the UN General Assembly on 13 Apr 2005, available at <http://untreaty.un.org/English/Terrorism/English_18_15.pdf>.

³⁹ Track II has been described as ‘unofficial, informal interactions between members of advisory groups or nations which aim to develop strategies, influence public opinion, and organized human and material resources in ways which might help to resolve their conflict’. See Montville, Joseph V ‘The Arrow and the Olive Branch: A Case for Track-Two Diplomacy’ in Macdonald, John W and Bendahmane, Dian B (eds) Conflict Resolution: Track Two Diplomacy (Institute for Multi-Track Diplomacy Washington, DC 1995)Google Scholar; The term has been applied to policy meetings or organizations whose members are normally comprised of academics, non-governmental organizations, economic or business interests, and [lower-level] government officials. One of the more visible Track-II groups in Asia is the Council for Security Cooperation in the Asia-Pacific (CSCAP). For Track-II activities in Asia, see Brian, Job ‘Track 2 Diplomacy: Ideational Contribution to the Evolving Asia Security Order’, in Muthiah, Alagappa (ed) Asian Security Order: Instrumental and Normative Features (Stanford University Press Stanford, CA 2003).Google Scholar

⁴⁰ See Committee on Economic, Social and Cultural Rights, 34th Session (25 04–13 05 2005), ‘Concluding Observations of the Committee on Economic, Social and Cultural Rights: China’ at <http://www.unhchr.ch/tbs/doc.nsf/>..>Google Scholar

⁴¹ See Roda, Mushkat and Kelley, Loper ‘Refugee Protection in the Asia and Pacific Region: An External Study of Refugee Law & Practice in Hong Kong’ (prepared for UNHCR Sub-Office Hong Kong, 15 02 2005Google Scholar; on file with the author). See also Matthew, Lee ‘“Flood” Fear on Asylum Seekers. Government has no plans to change its stance on refugees, despite urging by United Nations’ The Standard (22 06 2005) A11.Google Scholar

⁴² For instances reflecting such reluctance see Roda, Mushkat ‘International Law in HKSAR Courts’ (1998) 28 California Western International Law Journal 353–77.Google Scholar

⁴³ eg the Rio Declaration on Environment and Development, Agenda 21, the Syracuse Principles on the Limitation and Derogation of Provisions of the International Covenant on Civil and Political Rights, the Johannesburg Principles on National Security, Freedom of Expression and Access to Information.

⁴⁴ The ‘utmost respect for the Hong Kong judiciary’ is exemplified by the Lord Chancellor's continuing practice of sending three judges from the House of Lords to sit on Hong Kong's Court of Final Appeal. See the Six-Monthly Report on Hong Kong, 07 2002–12 2002, para 43.Google Scholar

⁴⁵ See for further discussion Miron, Mushkat and Roda, Mushkat ‘The Political Economy of the Constitutional Conflict in Hong Kong’ (2004) 11 Tilburg Foreign Law Review 756, 767–8.Google Scholar

⁴⁶ Paul, Harris ‘Hong Kong Can Play a Role in Global Justice’ South China Morning Post (30 10 2001).Google Scholar

⁴⁷ Quoted from the website of the Coalition for the International Criminal Court at <http://www.iccnow.org>. Further evidence of the PRC's basic support for the court can also be found in a Statement by Mr Guan Jian, Representative of China, to the 6th Committee of the 57th session of the UN General Assembly, on Agenda Item 158: ‘Establishment of the International Criminal Court.’

⁴⁸ See Roda Mushkat One Country, Two International Legal Personalities (n 1). For a general discussion of the concept of ‘international legal personality’, see: Nijman, Janne ElisabethThe Concept of International Legal Personality: An Inquiry into the History and Theory of International Law (TM Asser Press The Hague 2004).CrossRefGoogle Scholar

⁴⁹ See generally April Carter, The Political Theory of Global Citizenship (Routledge London 2001).Google Scholar

⁵⁰ See (n 41).

⁵¹ This involves adherence to well-established principles such as the duty to ensure sustainable use of natural resources; the principle of equity and the eradication of poverty; the principle of precautionary approach to human health, natural resources and ecosystems; the principle of public participation and access to information and justice; the principle of good governance; and the principle of integration and interrelationship, in particular in relation to human rights and social, economic and environmental objectives. See International Law Association ‘2002 New Delhi Declaration on the Principles of International Law Related to Sustainable Development’ in Report of the Seventieth Conference, New Delhi (ILA London 2002)Google Scholar; Marie-Claire, Cordonier Segger and Ashfaq, KhalfanSustainable Development Law: Principles, Practices and Prospects (OUP Oxford 2004).Google Scholar

⁵² See UN Secretary-General High-Level Panel on Threats, Challenges and Change A More Secure World: Our Shared Responsibility (United Nations 2004) 2.Google Scholar

⁵³ General Assembly Resolution 55/2 (8 09 2000) at <http://www.un.org/millennium/declaration/ares552e.htm>..>Google Scholar

⁵⁴ UN Report of the World Summit on Sustainable Development, Johannesburg, South Africa, 26 Aug–4 09 2002 (A/CONF.199/20), at <http://www.johnnesburgsummit.org/html/documents/summit_dox/131302_wssd_report_reissued.pdf>..>Google Scholar

⁵⁵ See at <http://www.un.org/millenniumgoals/>.

⁵⁶ Under para 79 of the WSSD Plan of Implementation (n 51), governments operating in developed economy settings should aim to contribute 0.7 per cent of GNP as overseas development aid to developing countries.

⁵⁷ Greenpeace Annual Report 2005, available at <http://www.greenpeace.org/international/press/reports/annual-report-2005>.

⁵⁸ Hong Kong serves as the global hub for the transport of sea cucumber, dried seahorse, abalone and shark's fin, which are in great demand in mainland China. See Simon, Parry ‘Cargoes of Cruelty,’ South China Morning Post (8 06 2005) A14.Google Scholar

⁵⁹ ‘The appearance of such a virus in today's globalized world has raised the spectre of a pandemic of equal or greater ferocity than the 1918–1919 influenza pandemic, which killed millions world wide.’ See Fidler, David P ‘The Continuing Global Spread of Avian Influenza A (H5N1) and Its Implications for International Law’ ASIL Insight (7 11 2005) (and references therein).Google Scholar

⁶⁰ See Revision of the International Health Regulations, 58th World Health Assembly, WHA58.3, Agenda item 13.1 (23 05 2005), available at <http://www.who.int/csr/ihr/en/>..>Google Scholar The revised IHR will enter into force in May 2007. Interestingly, although it has yet to become formally applicable to Hong Kong, the Government has relied one revised IHR as the ‘legal basis’ for disease control in the territory. See HKSAR Health, Welfare and Food Bureau Hong Kong's Preparedness for Influenza Pandemic—Prevention and Protection (2005) available at <http://www.chp.gov.hk>..>Google Scholar

⁶¹ ibid IHR, Art 5.1 and 13.1 and Annex 1.

⁶² ibid IHR, Art 44.

⁶³ See n 49, referring to the broadening of ‘human security’ to include the duty to effectively protect, alert and provide relief to population threatened by natural disasters.

⁶⁴ See Anthony, Cheung, ‘Global City? Look Beyond China, Hong Kong’ South China Morning Post (24 01 2005).Google Scholar

⁶⁵ See surveys conducted and relied upon in the ICGD Study (n 23) appendix 3.2.

⁶⁶ ibid 47.

⁶⁷ See ibid 51.

⁶⁸ See General Assembly Resolution 60/1 ‘2005 World Summit Outcome’ (24 10 2005) s 22(e).Google Scholar

⁶⁹ The latest addition to key conventions for the protection of the world's cultural heritage (such as UNESCO Convention Concerning the Protection of the World Cultural and Natural Heritage 1972 and UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage 2003) is UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions, adopted on 20 Oct 2005.

⁷⁰ As evidenced, inter alia, by the large number of parties to the major conventions cited ibid. For the relevant data see <http://portal.unesco.org/la/convention/>.

⁷¹ See Meyer, David RHong Kong as a Global Metropolis (CUP Cambridge 2000).CrossRefGoogle Scholar

⁷² See Grant, Evans and Tam, Siumi Maria (eds) Hong Kong: The Anthropology of a Chinese Metropolis (Curzon Press London 1997).Google Scholar

⁷³ See generally: David, Throsby ‘Cultural Capital’ (1999) 23 Journal of Cultural Economics 3–12Google Scholar

⁷⁴ See, eg, Preamble to UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage 2003.

⁷⁵ For a comprehensive analysis of these issues, see Culture and Heritage Commission Policy Recommendation Report (Hong Kong 31 03 2003) available at <http://www.hab.gov.hk/file_manager/en/documents/policy_responsibilities/CHC-PolicyRecommendationReport_E.pdf>..>Google Scholar

⁷⁶ As acknowledged in ‘Government Response’ [to the Policy Recommendation Report, ibid]—available at <http://www.hab.gov.hk/file_manager/en/documents/policy_responsibilities/arts_culture_recreation_and_sport/GovResCHCReport.pdf>—and in the Chief Executive's Policy Address 2005, ss 83–9, available at <http://www.policyaddress.gov.hk/2005>.

⁷⁷ As documented in ICGD Study (n 23) 69.

⁷⁸ See ICGD Study (n 23) 70.

⁷⁹ See OECD 2003 White Paper on Corporate Governance in Asia and Asian Roundtables on Corporate Governance, most recently in September 2005, offering the ‘2005 Stock Taking of Corporate Governance Related Developments in Asian Roundtable Economies,’ available at <http://www.oecd.org/topic>; See also Jamie, Allen ‘The Corporate Governance Landscape in Asia’ (1 12 2005), available at <http://www.acga-asia.org/public/files/ACGA_Presentation_SPARX_Roundtable_Dec05.pdf> (containing a ‘country ranking: CG Watch’).+(containing+a+‘country+ranking:+CG+Watch’).>Google Scholar

⁸⁰ See ICGD Study (n 23) 70.

⁸¹ See reports cited in (n 14).

⁸² See ‘Concluding Observations of the Committee on Economic, Social and Cultural Rights’ (13 05 2005) (n 38).Google Scholar

⁸³ See reports cited in (n 14).

⁸⁴ See ICGD Study (n 23) 72–3. See most recently the ‘Concluding Observations of the Human Rights Committee’ (30 03 2006) following consideration of the HKSAR Second Periodic Report (2005); both documents are available on the website of the HKSAR Home Affairs Bureau at <http://www.hab.gov.hk/en/publications_andpress_releases/reports.htm>..>Google Scholar

⁸⁵ See also Ian, Scott (ed) Institutional Change and Political Transition in Hong Kong (Palgrave Macmillan Basingstoke 1998)Google Scholar; Lo, Sonny HGoverning Hong Kong (Nova Science New York 2002)Google Scholar; Burns, John PGovernment Capacity and the Hong Kong Civil Service (OUP Hong Kong 2005)Google Scholar; Ian, ScottPublic Administration in Hong Kong: Regime Change and its Impact on the Public Sector (Marshall Cavendish Singapore 2005)Google Scholar; Miron, Mushkat and Roda, Mushkat ‘The Political Economy of Governance and Public Trust: The Promise of Autonomy and Post-1997 Hong Kong Inertia’ (2006) 37 International Quarterly for Asian Studies 87–117.Google Scholar

⁸⁶ See Miron, Mushkat and Roda, Mushkat ‘The Political Economy of Constitutional Reform in an Externally-constrained Environment: China's Shadow Over Hong Kong and Strategies to Minimise It’ (2003) 30 Journal of Malaysian and Comparative Law, 15–36Google Scholar; Mushkat, and Mushkat, ‘Conversationalism, Constitutional Economics and Bicameralism: Strategies for Political Reform in Hong Kong’ (2005) 13 Asian Journal of Political Science, 22–49.CrossRefGoogle Scholar

⁸⁷ See Mushkat, and Mushkat, ‘The Political Economy of International Legal Compliance: Pre-1997 Predictions and Post-1997 Realities in Hong Kong’ (2004) 10 UC Davis Journal of International Law and Policy 501–18Google Scholar; Mushkat, and Mushkat, ‘International Law and Game Theory: A Marriage of Convenience or Strange Bedfellows?’(2005) 2 New Zealand Yearbook of International Law, 101–26.Google Scholar

⁸⁸ See John P Burns (n 81); Ian Scott (n 81).

⁸⁹ Scott, ‘The Disarticulation of Hong Kong's Post-Handover Political System’ (2000) 43 China Journal 29, 29.Google Scholar

⁹⁰ See ICGD Study (n 23).

⁹¹ See Sonny H Lo (n 81).

⁹² ibid.

⁹³ ibid.

⁹⁴ ibid.