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Reference
"D would be
ful for this to meland if
all possible.
Miss Shepherd NTD
PQ FROM MR ROBERT PARRY MP
1. Please refer to my minutes of 7 and 8 February.
2.
In order to answer Mr Parry's question we need to check through the various human rights conventions to see what action the UK took, when ratifying, on the various territorial applicability clauses. I attach a list of the Conventions which the UN Secretariat describe as internationd human rights instruments (which seems the best way to define the scope of Mr Parry's question). I have marked with a tick those that the UK has ratified and indicated beside each of these (a) whether there is a territorial applicability clause and (b) if so, the relevant article.
3.
I should be grateful if you would check through the terms of our ratification to determine in each case whether Hong Kong was or was not included. You will note that, to add to the complexity, some Conventions include dependent territories unless Parties specifically exclude them, and exclude dependent temitories unless specifically include them.
4.
Some
Parties
Perhaps you would pass the information to Hong Kong Department, who are preparing the reply, with a copy to UND. The deadline for the reply means that they will require the information by noon of Tuesday 14 please.
5. (For Hong Kong Department) Mr Parry's question could be answered fairly briefly or in great detail, mentioning all the various reservations that the UK entered when ratifying these: Conventions. There are two types of case where a provision applies to UK but not to Hong Kong (a) when the Convention as a whole was not extended to cover Hong Kong (as above) or (b) where it was, so extended (or not limited to the metropolitan territory) but our reservations or ratification excluded, or qualified, certain Articles from applying to Hong Kong (paragraph 5 of my minute of 7 February).
I would suggest that, unless you feel a very brief reply is in order, the answermight be in the form:
6.
The United Kingdom has ratified the following International Conventions relating to human rights (list). All except (a,b,....) are applicable to Hong Kong, subject to certain reservations made on ratification. [The United Kingdom has also ratified the European Convention on Human Rights, which is not applicable to Hong Kong J'
7. The phrase 'subject to certain reservations made on ratification' is important to cover 5(b) above. The European Convention on Human Rights does, I now learn, extend to some, but not all,, dependent... territories.
CODE 18-77
9 February 1984
HKK 022/5
RECEIVED IN REGISTRY
16 FEB 1934
cc Miss Walker HKD
IK OFFICER
PA
AOISTRY
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Dm Mainword
D M Mainwood
United Nations Department 233 8647