Mr Godfrey SEAD
RESTRICTED
HKC 031/4.
Reference
82
:
UN CONVENTION ON THE RIGHTS OF THE CHILD: HONG KONG
See HICC 031/8
81
1. With reference to Mr Parker's minute of 7 December to Mr Baker, below are the relevant paragraphs of a speaking note on the Convention on the Rights of the Child which Hong Kong handed to the Chinese earlier this year. They refer to the two proposed reservations in respect of Hong Kong which are paras (b) and (d) of the attachment to Mr Parker`s minute
2.
Firstly: "The provisions in the Convention regarding immigration and nationality are drafted in very broad terms. As in respect of the UK, a reservation on behalf of Hong Kong is required to reflect the way in which immigration and nationality laws operate in Hong Kong."
3. Secondly: "Due to the presence of large numbers of Vietnamese children seeking asylum in Hong Kong, many of whom are not accompanied by a parent or guardian, Hong Kong needs a reservation to cover the relevant legislation and any inadequacy in provision of services which might otherwise be challenged as being discriminatory. The legislation can be defended as a temporary measure to deal with a special situation."
4.
This suggests that Hong Kong see the two reservations as complementary and consider that both are necessary in extending the Convention to Hong Kong.
I am copying this minute and Mr Parker's minute to Mr Baker to Shelagh Brooks, our departmental Legal Adviser.
5.
Varathan Masall
J Marshall
Hong Kong Department WH 305 270 3287
10 December 1992
cc: Shelagh Brooks
chid.rt.FUT
CODE 18-77
SLM
RESTRICTED