12
22.
sir, I would like to
to take this opportunity to
deal with two other major issues which arose during the
consultation period. Firstly, it is the question of
whether the customs of the indigenous population in the
New Territories would be affected by the Bill of Rights.
23.
Since the Bill is to implement the provisions of
the ICCPR, its impact on present law and policy including
that in relation to customary law in the New Territories
depends upon interpretation of the relevant Articles of
the ICCPR.
24.
Existing customary law on inheritance of communal
land known as Tso and Tong land in the New Territories
reflects an important element of the social fabric of NT
villages. We have studied carefully the implications of
the ICCPR on such customary law and have come to the
conclusion that it is compatible with the ICCPR and this
Bill. The fact that customary law in the NT treats women
in a way different to men does not mean that the law is
necessarily discriminatory under the Bill of Rights. The
UN Human Rights Committee have observed
observed that
that it is not
every differentiation of treatment that constitutes
discrimination. If the reasons for the differentiation in
treatment are reasonable and objective and the purpose is
one which does not
contravene
the ICCPR then such