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177711

MDLIAN 201

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.

6. THIRDLY, UNDER HONG KONG EMPLOYMENT LEGISLATION, THERE ARE NO RESTRICTIONS ON HOURS OF EMPLOYMENT OF YOUNG PERSONS (15-17 YEARS OLD) IN NON-INDUSTRIAL ESTABLISHMENTS. AS THE NATURE OF EMPLOYMENT IN SUCH ESTABLISHMENTS IS IN GENERAL LESS STRENUOUS THAN IN INDUSTRIAL UNDERTAKINGS, HONG KONG DOES NOT CONSIDER IT NECESSARY TO REGULATE THE HOURS OF YOUNG PERSONS WORKING THERE.

7. FOURTHLY, 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 RESERVATION CAN BE DEFENDED AS A TEMPORARY MEASURE TO DEAL WITH A SPECIAL SITUATION.

8. FIFTHLY, LIKE THE UK, HONG KONG NEEDS A RESERVATION TO MAKE IT CLEAR THAT LEGISLATION MAY IN CERTAIN CIRCUMSTANCES DEPRIVE NATURAL PARENTS OF THEIR PARENTAL STATUS, FOR EXAMPLE ON THE ADOPTION OF A CHILD.

9. FINALLY, LIKE THE UK, HONG KONG NEEDS A RESERVATION TO COVER THE MIXING OF JUVENILE DETAINEES WITH YOUNG ADULT OFFENDERS. THE RESERVATION IS SIMILAR TO THE ONE EXTENDED TO HONG KONG IN RESPECT OF ARTICLES 10.2 (B) AND 10.3 OF THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS.

10. HEREWITH A LIST OF RESERVATIONS DRAFTED TO COVER THE ABOVE AREAS (HAND OVER COPY).

11. ARTICLE 11(20 REQUIRES STATES PARTIES TO PROMOTE THE CONCLUSION OF BILATERAL OR MULTILATERAL AGREEMENTS OR ACCESSION TO EXISTING AGREEMENTS TO COMBAT THE ILLICIT TRANSFER AND NON- RETURN OF CHILDREN ABROAD. THE UNITED KINGDOM IS ALREADY A PARTY TO THE HAGUE CONVENTION ON THE CUSTODY OF CHILDREN AND INTERNATIONAL CHILD ABDUCTION AND WILL CONSIDER WHETHER THAT CONVENTION SHOULD BE EXTENDED TO HONG KONG. BEFORE DOING SO, WE WILL CONSULT THE CHINESE SIDE IN THE USUAL WAY.

12. AS THE APPLICATION OF THIS CONVENTION WILL CONFER NEW INTERNATIONAL RIGHTS AND OBLIGATIONS ON HONG KONG, AND AS IT IS

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