Fax to Mr P., Dykes
Asst Solicitor General
над
кому
CONFIDENTIAL
HKO 241/...
Reference.
361
Minute to my Barrett
2 dratt term. pa
8512
From: K C Walker
Dum silio
Far Eastern Section Research & Analysis Dept OAB2/125
210 6220
REC
14 NOV 1990
(*
INDEX
Ms Major, Hong Kong Dept
cc: Mr Figgis
Ms Foulds, RAD (without encls)
HONG KONG BILL OF RIGHTS: COMPATIBILITY BETWEEN INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS (ICCPR) AND NEW TERRITORIES LAND POLICIES
1.
230
In your minute of 10 July you asked if I would look at records relating to the 1976 application of the ICCPR to Hong Kong and those covering relevant discussions during the negotiation of the Joint Declaration to see whether at these times HMG gave a view on the compatibility of New Territories land policies (reflecting customary discrimination against women) with the provisions of the ICCPR, in particular Article 26 (which provided that all persons are equal before the law and entitled to equal protection of the law, and that the law shall prohibit discrimination on various grounds, including sex). Extracts from the ICCPR, including Article 26 and other relevant articles, are attached at Annex A. Extracts from the International Covenant on Economic, Social and Cultural Rights (ICESCR) are at Annex B.
2.
Having begun with the FCO files relating to ratification of the ICCPR in 1976, I found it necessary to consult earlier papers (including FO and Commonwealth Office files) relating to the UK's position in voting for the adoption of both the ICCPR and the ICESCR at the 1966 UN General Assembly and consideration of the implications given by officials prior to signature of the Covenants in 1968. I also found it necessary to consult the reports and statements made by the UK with regard to British dependent territories to the Human Rights Committee (HRC) established in accordance with Article 28 of the ICCPR.
3. On the basis of the files which I have consulted, I can report that there is no record of HMG having given a view on the question stated in paragraph 1 of this minute in connection with signature or ratification of the ICCPR, in reports and statements made to the HRC, or during the Sino-British negotiations in 1984. I could find no indication that any department in London had raised the question, nor that Hong Kong had explicitly done so.
4. However, I think that the following points which arose at various stages during consideration of UK policy towards the ICESCR and ICCPR may have some relevance to your enquiry.
CODE 18-77
SO1AAF
CONFIDENTIAL