30.
TRONG KONG.
CONFIDENTIAL
For example, in the USA, it has been held that this concept
could apply under the guarantee of equal protection of the
laws. In Australia, the Racial Discrimination Convention
has been incorporated into legislation and Article 1(4) of
the Convention provides that special measures
special measures to redress
past discrimination do not constitute discrimination.
Gerhardy v. Brown (1984-5) 159 C.L.R. 70.
Kingdom is a party to that Convention and has extended it
to Hong Kong.
See
The United
It is debateable whether this concept is applicable to the
BOR at all. It could be argued that it does.
It is a concept applicable to the ICCPR. See General
Comments of the Human Rights committee 18(37), on Non-
Discrimination, para.10. In interpreting and applying the
BOR, regard shall be had to the fact that its purpose is to
incorporate the ICCPR.
interpretating and applying the BOR, it could be argued
that the concept is applicable to Article 21 under the
phrase "general terms of equality" or under the phrase "the
law" in Article 22 if that Article is engaged.
See section 2 (3).
In So
31.
But apart from the legal question whether the concept
applies to the BOR, it appears to us that this argument
does not appear viable on the facts. It appears to us that
it would be difficult to establish that:
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