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impact: we imagine extension of CEDAW would spark interest which
has not in the past been aroused by the ICCPR. And the
proposed Bill of Rights might contribute to this.)
5.
On balance therefore we think there is some scope for
extending ratification to Hong Kong subject to the existing
reservations and declarations in respect of other Dependent
Territories. But, before going down this path we need to look
carefully at the implications. Firstly are you able to assess
the likelihood of a challenge? Is there, for example, a
vociferous women's lobby in Hong Kong which is likely to pick up
this point and seek a decision as to whether your present Law and
policy is contrary to the ICCPR, CEDAW or Hong Kong's Bill of
Rights? Secondly we note from para 7 of TUR that you would be
prepared to amend your law and policy in this event.
Could you
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give further details on how you would attempt to do this and what
the implications might be, bearing in mind that we shall have to
discuss with the Chinese the extension of CEDAW as a new IRO to
Hong Kong and they may well take the view that it is not entirely
consistent with the JD and the Basic Law.
6. We apologise for the delay in replying. But this is clearly
a complex issue. Grateful for your views in due course.
Hurd
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HKD
UND
LEGAL ADVISERS
MR
MCLAREN
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