CONFIDENTIAL
26
-
機密
57.
Since the BOR is to implement the provisions of the ICCPR and requires the courts to have regard to the latter, its impact on present law and policy including that in relation to customary law in the New Territories depends upon authoritative interpretation of the relevant Articles of the ICCPR. To date there has been no such authoritative interpretation.
58.
It is possible to argue that Article 26 of the ICCPR (Article 22 of the Bill of Rights) is wide enough to prohibit any law which discriminates on grounds of sex. It is also possible to argue that laws on land holding, e.g. holding or inheriting property or building houses free of premium in the New Territories, are not covered by Article 26 of ICCPR. In the only case where the Human Rights Committee has considered the differential treatment of the sexes under the customary law of a minority ethnic group, one of the questions that was not answered by the Committee was whether such treatment amounted to discrimination within the meaning of Article 26 of the Covenant. Nevertheless there is a real possibility that if the question is raised in
is raised in some future case the Committee will answer it, and may well do so in a way which establishes that our system in the New Territories contravenes Article 26.
59.
Until such an authoritative interpretation is available, it is not certain whether there is any conflict between the ICCPR (as implemented by the BOR) and the provisions of the Joint Declaration and the Basic Law
villagers
relating to
Territories,
indigenous
male
in the New
CONFIDENTIAL #
機密
26