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Topic: Article 23


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In the News (Wed 2 Dec 09)

  
  Hong Kong Basic Law Article 23   (Site not responding. Last check: 2007-11-07)
Article 23 of the Hong Kong Basic Law stipulates that the Hong Kong Special Administrative Region shall enact laws on its own to protect national security.
In response to the argument that Article 23 legislation is constitutionally required, opponents to the government bill point out that the Basic Law does not set up a specific time for passage of the legislation, and that the Basic Law also constitutionally requires that the HK government work toward a system of universal suffrage.
On December 7, 2002, it was reported in the press that ten foreign banks had told the government privately that the introduction of Article 23 would have disastrous consequences for Hong Kong, threatening its demise as Asia's financial capital.
www.bidprobe.com /en/wikipedia/h/ho/hong_kong_basic_law_article_23.html   (2559 words)

  
 University of Minnesota Human Rights Library
The Committee observes that this article establishes and recognizes a right which is conferred on individuals belonging to minority groups and which is distinct from, and additional to, all the other rights which, as individuals in common with everyone else, they are already entitled to enjoy under the Covenant.
Article 27, on the other hand, relates to rights conferred on individuals as such and is included, like the articles relating to other personal rights conferred on individuals, in Part III of the Covenant and is cognizable under the Optional Protocol.
Article 14.3 (f) does not, in any other circumstances, confer on accused persons the right to use or speak the language of their choice in court proceedings.
www1.umn.edu /humanrts/gencomm/hrcom23.htm   (1312 words)

  
 Hong Kong Basic Law Article 23 - Wikipedia, the free encyclopedia
Another argument against Article 23 laws as drafted by the HK government has been given by John Kamm, who argues that the mechanism for banning organizations would have the effect of requiring that Mainland China be more repressive outside of Hong Kong.
His argument is that since 1997, Mainland China has not had the legal concept of banning an organization on national security grounds, and that political repression in the PRC takes the form of government criminal charges against individual acts.
On July 1, 2003, approximately 350,000 - 750,000 people (out of the total population of 6,800,000) demonstrated against Article 23, against the failing economy, against the handling of the SARS epidemic and against Tung Chee Hwa and Regina Ip, by marching from Victoria Park, Causeway Bay to Central Government Offices in Central.
en.wikipedia.org /wiki/Hong_Kong_Basic_Law_Article_23   (2700 words)

  
 E. Allan Farnsworth - Article 23
In providing that this is the moment when the acceptance «becomes effective» Article 23 incorporates the provisions of Article 18(2), which states that this is generally the moment when «the indication of assent reaches the offeror».
Article 23 is complemented by Article 22, which provides that an acceptance may be withdrawn if the withdrawal reaches the offeror before or at the same time as the acceptance becomes effective.
Especially in view of this history, Article 23 should not be read as determining the place of the conclusion of the contract, though it may be relevant under rules of national law that refer to that place.
www.cisg.law.pace.edu /cisg/biblio/farnsworth-bb23.html   (774 words)

  
 US Dept of State - Implications of Article 23 Extension
Extension of Article 23 will require more complicated implementation than is the case for Article 22 implementation; countries will have to institute a system that protects a wide variety of products and may have to change fundamental concepts in their laws.
Once the Article 23.4 multilateral system negotiations are completed, it is likely that the EC will enforce implementation through dispute settlements based upon Articles 22, 23 and the Article 23.4 multilateral system: the EC clearly places high importance on its GIs and their protection.
Because Article 23, in the EC view, essentially requires a labeling regime wherein all labels are policed for compliance with the Article 23 requirements, the implementation burdens of such a system become very complicated.
usinfo.state.gov /ei/Archive/2003/Dec/31-988250.html   (3165 words)

  
 Guide to Article 23
Article 23 CISG fixes the time of the conclusion of the contract connecting it with the moment at which the acceptance takes effect in accordance with the provisions of the Convention.
Article 23 CISG is directed to the rest of the norms of Part II of the Convention that point out when the indication of assent is effective.
The Secretariat Commentary on article 19 of the 1978 Draft [antecedent to CISG article 21] states that "under this paragraph it is the late acceptance which becomes the effective acceptance as of the moment of its receipt, even though it requires a subsequent notice to validate it," Official Records, para.
www.cisg.law.pace.edu /cisg/text/peclcomp23.html   (5486 words)

  
 Asia Times
HONG KONG - In proposing to introduce to the Basic Law Article 23, legislation meant to counter possible acts of treason, secession, subversion and sedition, including the theft and distribution of state secrets, talk has been rife that the Hong Kong government is responding to the dictate of Beijing.
Article 23, rightly or otherwise, has been deemed to originate from the desire of Beijing to exert stronger administrative control over Hong Kong.
Moreover, whether Article 23 signals the beginning or the end of a liberal and free Hong Kong is as much a factor of how lawyers use the "fine print" as of what political scientists call "emergency powers".
www.atimes.com /atimes/China/DL05Ad04.html   (865 words)

  
 Encyclopedia: Hong Kong Basic Law Article 23
Bob Allcock, Hong Kong's Solicitor-General, has been perceived as more even-handed in his approach and has frequently argued that the laws proposed by the government are less restrictive than the colonial era laws that they are intended to replace: The Solicitor General is a government position in several countries, dealing with legal affairs.
On July 1, 2003, approximately 350,000 - 750,000 people (out of the total population of 6,800,000) demonstrated against Article 23, against the failing economy, against the handling of the SARS epedemic and against Tung Chee Hwa and Regina Ip, by marching from Victoria Park, Causeway Bay to Central Government Offices in Central.
July 23 is the 204th day (205th in leap years) of the year in the Gregorian Calendar, with 161 days remaining.
www.nationmaster.com /encyclopedia/Hong-Kong-Basic-Law-Article-23   (4788 words)

  
 Article   (Site not responding. Last check: 2007-11-07)
Article 23 of the TRIPS Agreement, which grants higher status only to wines and spirits and excludes other goods and products out of its purview, has generated considerable resentment.
Unlike Article 22, Article 23 does not require evidence of the public being misled or the presence of an act of unfair competition in order to prevent the use of a geographical indication in respect of a product from a place other than the indicated region.
It is submitted that there is also no force in the argument of the countries opposing the move for extension of Article 23 on the ground that the demand if accepted would require amendment in the law or require issuance of notification by the concerned government including such goods or products, which is a difficult process.
www.epw.org.in /showArticles.php?root=2003&leaf=09&filename=6291&filetype=html   (8303 words)

  
 FalunInfo.Net - Hong Kong Leaders Move to Enact Article 23, An Instrument of Persecution   (Site not responding. Last check: 2007-11-07)
Furthermore, a statement issued by the Hong Kong Association of Falun Dafa condemning the legislation of Article 23 was astonishingly classified as "unidentified" as neither for nor against the legislation.
Article 23 was added to the draft Basic Law on the insistence of authorities in Beijing in the wake of Tiananmen Massacre.
From another perspective, the introduction of Article 23 legislation also reflects years of influence the dictatorship in Beijing has managed to extend to Hong Kong through various means.
faluninfo.net /displayAnArticle.asp?ID=7021   (1066 words)

  
 Burlington Zoning Ordinance Article 23: Amendments
The intent of this article is to set forth the procedures to be followed when amendments are proposed to the text of this ordinance or to the zoning map.
A proposed amendment prepared by a person or body other than the planning commission shall be submitted in writing along with any supporting documents to the planning commission.
If the proposed amendment of a bylaw is supported by a petition signed by not less than five percent (5%) of Burlington voters, the commission shall correct any technical deficiency and shall, without otherwise changing the amendment, promptly proceed in accordance with this article as if it had been prepared by the commission.
www.ci.burlington.vt.us /planning/zoning/znordinance/article23.html   (1032 words)

  
 WTO | intellectual property (TRIPS) - agreement text - standards
The protection under paragraphs 1, 2 and 3 shall be applicable against a geographical indication which, although literally true as to the territory, region or locality in which the goods originate, falsely represents to the public that the goods originate in another territory.
Subject to paragraph 4 of Article 65, paragraph 8 of Article 70 and paragraph 3 of this Article, patents shall be available and patent rights enjoyable without discrimination as to the place of invention, the field of technology and whether products are imported or locally produced.
For the purposes of this Article, the terms “inventive step” and “capable of industrial application” may be deemed by a Member to be synonymous with the terms “non-obvious” and “useful” respectively.
www.wto.org /english/tratop_e/trips_e/t_agm3_e.htm   (4273 words)

  
 The Avalon Project : The Covenant of the League of Nations
A permanent Commission shall be constituted to advise the Council on the execution of the provisions of Articles 1 and 8 and on military, naval and air questions generally.
In any case under this Article the award of the arbitrators or the judicial decision shall be made within a reasonable time, and the report of the Council shall be made within six months after the submission of the dispute.
For the consideration of any such dispute, the court to which the case is referred shall be the Permanent Court of International Justice, established in accordance with Article 14, or any tribunal agreed on by the parties to the dispute or stipulated in any convention existing between them.
www.yale.edu /lawweb/avalon/leagcov.htm   (3015 words)

  
 Article 23
Article 23 provides that a contract is concluded when an acceptance of an offer becomes effective.
The exception in article 18(3) provides that an acceptance is effective at the moment the offeree performs an act if, by virtue of the offer or as a result of practices which the parties have established between themselves or of usage, the offeree is authorized to indicate its acceptance of the offer by an act.
One court deduced from article 23 that the contract was concluded at the place of business where the acceptance reached the offeror.
www.cisg.law.pace.edu /cisg/text/anno-art-23.html   (4217 words)

  
 Ann Noonan on China & Hong Kong on National Review Online
Fourteen years later, China's regime — under the guise of a new law, "Article 23" — is again preparing to crush the liberties of its citizens, this time in the once-free enclave of Hong Kong.
Many expect Article 23 will be used by Hong Kong's government to subvert civil liberties, stifle free speech, and put a stranglehold on the free flow of information.
They believe that, if passed, Article 23 will be used to suppress their movement, and to brutalize their practitioners.
www.nationalreview.com /comment/comment-noonan070103.asp   (974 words)

  
 Article 23: Law Enforcement   (Site not responding. Last check: 2007-11-07)
Article XXIII (23) of the Constitution of the Nation of Pacifica
Article XXVIII (28): Urban Affairs and Urban Council of Mayors
Article XXIX (29): Rural Affairs and Rural Council of Mayors
nationofpacifica.com /const/article23.html   (743 words)

  
 ARTICLE 23 SPECIAL EDUCATION   (Site not responding. Last check: 2007-11-07)
It is the intent of both parties, the District and the Association, to comply with all federal and state regulations and laws.
Any provisions of this Article found to be in violation of federal and state regulations will be deemed invalid.
The District shall not deny any unit member serving in a special education assignment who has fulfilled all of their credential requirements the right to transfer or be reassigned to a vacant position, for which the unit member is qualified, due to the unit member possessing a special education credential.
www.coltonteachers.org /Contract/Article23.htm   (737 words)

  
 Article 23
In the case of illness or bereavement in the immediate family (Articles 23.2.1.1 and 23.2.1.2) written application will be waived due to the suddenness with which these events occur.
(c) Any interest generated as in Article 23.4.4.1(b) shall be paid to the employee in the taxation year during which it was accrued.
23.4.5.5 Should an employee elect not to take the leave within the six (6) year period as indicated in Article 23.4.5.2, the salary plus interest accrued shall be paid to the employee no later than the end of the first taxation year after the expiration of the six (6) year period in Article 23.4.5.2.
www.lhbe.edu.on.ca /OPEIU/article23.htm   (1949 words)

  
 Annotated Bibliography - Article 23   (Site not responding. Last check: 2007-11-07)
These schools are helping fill the void left by states with insufficient funds or political will to set up public alternative schools for the increasing number of students expelled for carrying weapons or drugs on campus.
This article quotes tuition prices at some for-profit schools ranging from $2,990 a month to $40,000 a year for tuition, room, and board.
This article provides information about the philosophy of some for-profit alternative schools, and it also offers conflicting opinions of students who attend these types of institutions.
www.ncdjjdp.org /cpsv/alt_learning/ano_bib/anobib23.htm   (456 words)

  
 The Investment Framework Article 23
Applications by undertakings seeking eligibility for the provisions of paragraph 1 of the present article shall be submitted in duplicate to the General Secretariat for Industry in the first two months of each year.
Investments made eligible for the provisions of the present article are entitled only to a grant of 40 percentage points of the total cost of the investment.
The provision of subparagraph (b) of paragraph 6 of article 23a shall be applied accordingly.
www.hri.org /MFA/economy/etba/articl23.htm   (2087 words)

  
 ARTICLE 23
At least fifty (50) percent of the teaching term appointments shall be for a minimum period of two (2) consecutive semesters.
The appointment shall be made in accordance with Article 7 or 13 of the Collective Agreement, except that the special Search Committee shall be formed from the Academic Units in which the successful candidate is likely to take up his or her appointment.
23.23 The Vice-President (Academic) or his or her delegate shall perform the duties of the Administrative Head that are specified in Article 7 or 13 with respect to the appointment.
www.mun.ca /munfa/art23.htm   (1947 words)

  
 Article 23   (Site not responding. Last check: 2007-11-07)
A group of academics have criticized the government for not doing justice to public opinion in the three-month consultation on the Article 23 legislation that ended in December 2002 in order to present an impression of positive public support to the government's proposals.
One major threat is that the Article 23 legislation will criminalize free speech, especially the proposals regarding sedition and the theft of state secrets.
Unlike Phil, I am really alarmed about Article 23 because I know how fast Beijing can be to label anything and everything "subversive." I don't care what the government has to say about it on its Web site, having learned the hard way that when it comes to the CCP, government no tell truth.
www.flyingchair.net /story.php?storyID=546   (1166 words)

  
 The Epoch Times | CCP Revives “Article 23” to Stop the Spread of the Nine Commentaries
Article 23 of Hong Kong Basic Law, viewed as a very dangerous law by Hong Kong residents, was rejected by 500,000 Hong Kong resident’s marching through the heart of Hong Kong on July 1, 2003 and its legislation process has been shelved.
The article said, “It is the most important legal foundation for us to restrict activities that are “Anti-China and disturbing Hong Kong” in Hong Kong.” Hong Kong people believe that the CCP once again will try to intimidate the Hong Kong government on the issue of Article 23.
Hong Kong Open magazine Executive Editor Cai Yongmei described the article as “a typical CCP party culture article” used for “implicating and accusing.” She believes that the article also raised another issue, that the CCP could launch another campaign against overseas Falun Gong practitioners, and people should be highly alert about this.
english.epochtimes.com /news/5-8-12/31174.html   (510 words)

  
 TITLE 26: CHAPTER 23 - ARTICLE 3 - TITLE INSURANCE   (Site not responding. Last check: 2007-11-07)
(c) Nothing in this article shall be construed to authorize the practice of law by any person who is not admitted to practice law in this state nor shall it be construed to authorize the commissioner to regulate the practice of law.
The statement and waiver shall be on a form the commissioner prescribes, and shall be retained by the title insurer or title agent for at least five (5) years after receipt.
For purposes of this article each individual transaction which is not in conformance with this article is considered a violation.
legisweb.state.wy.us /statutes/titles/title26/c23a03.htm   (5079 words)

  
 Town of Belmont, MA - Article 23 Belmont Noise By-Law   (Site not responding. Last check: 2007-11-07)
In order to control unnecessary, excessive and annoying noise in the Town of Belmont, it is hereby declared to be the policy of the Town to prohibit such noise generated from or by all sources as specified in this By-Law.
(a) Violations under Article 23, in the discretion of the enforcing person, may be enforced by non-criminal disposition as provided in Chapter 40, Section 21D of the General Laws (“Section 21D”).
Article 23 amended at April 22, 2002, Annual Town Meeting.
www.town.belmont.ma.us /Public_Documents/BelmontMA_Documents/generalbylaws/article23   (1527 words)

  
 CSU | Labor Relations | State Employees Trades Council | Article 23 - Overtime   (Site not responding. Last check: 2007-11-07)
However, all overtime worked beyond the accrual of two hundred and forty (240) hours of compensatory time shall be paid in cash.
In emergency situations or when there are an insufficient number of qualified employees desiring to work overtime, employees may not decline overtime assignments.
For purposes of this Article, "emergency" shall also mean a circumstance which requires action to preserve the basic operations of the campus, if the employees are informed at least forty-eight (48) hours in advance, provided the Employer knows forty-eight (48) hours in advance.
www.calstate.edu /LaborRel/Contracts_HTML/SETC/Article23.shtml   (654 words)

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