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Q.13
A.13
Why use the term "permanent resident" instead of
"citizen" in A.21 of the BOR?
The concept of a Hong Kong citizen does not exist in
the law of Hong Kong or the Basic Law. The nearest
equivalent is "permanent resident", as used in the
Basic Law, particularly in its Articles 24, 26 and
Those Articles give permanent residents the
right to participate in public life, and Article 21 of the BOR is in conformity with them.
99.
Q.14
A.14
Human Rights Commission. Will one be established?
No decision has been taken. Question will be further
considered in due course.
Q.15
What is going to happen to the NT policies, practices
and legislation?
A.15 Whilst Article 22 of the BOR prohibits discrimination
under the law on
the ground of sex, the fact that
customary law in the NT treats women in a way
does not mean that the law is
different to men
necessarily
discriminatory.
differentiation
of
treatment
discrimination.
If
the
reasons
differentiation in
Not
every
constitutes
for
the
treatment are reasonable and
objective and the purpose is one which does not
contravene the BOR, such treatment will not be
considered discriminatory. In this context we have
noted the arguments that customary law helps preserve a traditional way of life and is essential in order
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