The applicants" situation differed from that of the applicants in Bui Van Thanh and Others v. the United Kingdom (no. 16137/90, Commission decision of 12 March 1990), in which the Commission held that the mere fact that the acts of the Hong Kong authorities under Hong Kong immigration law had been based on United Kingdom policy was insufficient to amount to an exercise of the latter's Article 1 "jurisdiction" and in Yonghong v. Portugal (no. 50887/99, Commission decision of 25 November 1999), where the final decision to allow the applicant's extradition to proceed lay with the Macanese authorities and not the Portuguese courts.

It referred to constant case-law to the effect that no jurisdiction arose where a Contracting State had not, through a declaration under Article 56 (former Article 63), extended the Convention or any of its Protocols to an overseas territory for whose international relations it was responsible (see Gillow v. the United Kingdom, 24 November 1986, § 62, Series A no. 109; Bui Van Thanh and Others v. the United Kingdom, no. 16137/90, Commission decision of 12 March 1990, Decisions and Reports 65, p. 330; and Yonghong v. Portugal (dec.), no. 50887/99, ECHR 1999-IX).

The situations which it covers are clearly separate and distinct from circumstances where a Contracting State has not, through a declaration under Article 56 (former Article 63), extended the Convention or any of its Protocols to an overseas territory for whose international relations it is responsible (see Gillow v. the United Kingdom, 24 November 1986, § 62, Series A no. 109; Bui Van Thanh and Others v. the United Kingdom, no. 16137/90, Commission decision of 12 March 1990, Decisions and Reports 65, p. 330; and Yonghong v. Portugal (dec.), no. 50887/99, ECHR 1999-IX).