ITIVENITAL
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微密
(a) We take the initiative to amend legislation which may be inconsistent with ICCPR now and to convince the Chinese that such amendments are desirable, in order to remove any possible challenge under the BOR, and that such amendments will be consistent with the JD and BL.
(b)
We should take no initiative, and leave the law as it is until such time as a competent body may authoritatively rule that our law is inconsistent with the Covenant and/or the BOR. The UN Committee on Human Rights (for the ICCPR) and the courts (for the BOR) would be competent bodies.
57.
Upon the enactment of the BOR, local feminist bodies are likely to test our NT policies in court. If an adverse finding is reached (as is quite likely), we will have to amend our NT policy and probably the NT Ordinance accordingly. We will then tell the Chinese why we are making the amendments and if
necessary draw on the arguments in paragraphs above.
58.
The LegCo Ad Hoc Group in its report endorses the principle of equality between the sexes. It does not accept the Heung Yee Kuk's representation and recommends that "the Administration should conduct a detailed study of the alleged conflict and, if the conclusion is that the Chinese customary laws and the New Territories Ordinance are inconsistent with the Bill, these laws should be
amended".
CONFIDENTIAL #
機密