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C
A LIMITED ACCESSION BY CHINA WOULD GAIN ACCEPTANCE.
4. A FURTHER FACTOR IS THAT HONG KONG CANNOT AT PRESENT FULLY
COMPLY WITH THE COVENANTS. IN CONNECTION WITH ITS HANDLING OF
REFUGEES, FOR EXAMPLE, IT HAS TO RELY ON THE RESERVATIONS WHICH
WE MADE IN RESPECT OF HONG KONG AT THE TIME OF RATIFICATION.
5. ON THE OTHER HAND IT WOULD NO DOUBT BOLSTER PUBLIC CONFIDENCE
IN HONG KONG IF IT COULD BE SHOWN THAT THE SAR WOULD CONTINUE TO
COMPLY WITH THE COVENANTS, AT LEAST TO THE SAME EXTENT AS AT
PRESENT, AND THAT AFTER 1997 CHINA WAS COMMITTED NOT TO INTERFERE. TO GIVE ONLY ONE EXAMPLE, IF CHINA SOUGHT TO IMPOSE ON HONG KONG
(CHINA) ITS POLICY ON SINGLE CHILD FAMILIES AND TO PUT PRESSURE
ON THE GOVERNMENT OF THE SAR TO ARRANGE FOR ABORTIONS ON THE SAME
SCALE AND ON THE SAME CONDITIONS AS IN THE PRC, HONG KONG MIGHT
WISH TO POINT TO ARTICLE 7 OF THE COVENANT ON CIVIL AND POLITICAL
RIGHTS (WHICH PROHIBITS INHUMAN OR DEGRADING TREATMENT), ARTICLE
23 OF THE SAME COVENANT (WHICH PROVIDES THAT THE FAMILY IS THE
NATURAL AND FUNDAMENTAL GROUP UNIT OF SOCIETY, ENTITLED TO
PROTECTION BY THE STATE) AND ARTICLE 12(2)(A) OF THE COVENANT ON
ECONOMIC, SOCIAL AND CULTURAL RIGHTS (WHICH REQUIRES THE
CONTRACTING PARTIES TO TAKE STEPS TO REDUCE THE STILL-BIRTH RATE)'
HOWE
NNNN
DISTRIBUTION
LIMITED
HD/HKD
HD/FED
MR DONALD
COPIES TO:
SIR P CRADOCK
MR BURROWS, LEGAL ADVISERS
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