TNAG-1210-FCO40-1513-Hong-Kong-laws-on-homosexuality-employment-of-homosexuals-wi-1982 — Page 38

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

118

Civil and Political Rights

[Same declaration, mutatis mutandis, as the one re- produced under "Byelorussian Soviet Socialist Repub- lic": see page 107.]

UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND

Upon signature:

"First, the Government of the United Kingdom de- clare their understanding that, by virtue of Article 103 of the Charter of the United Nations, in the event of any conflict between their obligations under Article 1 of the Covenant and their obligations under the Charter

(in particular, under Articles 1, 2 and 73 thereof)

their obligations under the Charter shall prevail.

"Secondly, the Government of the United Kingdom

declare that:

"(a) In relation to Article 14 of the Covenant, they must reserve the right not to apply, or not to apply in full, the guarantee of free legal assistance contained in sub-paragraph (d) of paragraph 3 in so far as the shortage of legal practitioners and other considerations render the application of this guarantee in British Honduras, Fiji and St. Helena impossible;

"(b) In relation to Article 23 of the Covenant, they must reserve the right not to apply the first sentence of paragraph 4 in so far as it concerns any inequality which may arise from the operation of the law of domicile;

"(c) In relation to Article 25 of the Covenant, they must reserve the right not to apply:

"(i) Sub-paragraph (b) in so far as it may require the establishment of an elected legislature in Hong Kong and the introduction of equal suf- frage, as between different electoral rolls, for elections in Fiji; and

“(ii) Sub-paragraph (c) in so far as it applies to jury service in the Isle of Man and to the em- ployment of married women in the Civil Service of Northern Ireland, Fiji, and Hong

Kong.

"Lastly the Government of the United Kingdom de- clare that the provisions of the Covenant shall not apply to Southern Rhodesia unless and until they in- form the Secretary-General of the United Nations that they are in a position to ensure that the obligations im- posed by the Covenant in respect of that territory can be fully implemented."

Upon ratification:

"Firstly the Government of the United Kingdom maintain their declaration in respect of article 1 made at the time of signature of the Covenant.

"The Government of the United Kingdom reserve the right to apply to members of and persons serving with the armed forces of the Crown and to persons law- fully detained in penal establishments of whatever char- acter such laws and procedures as they may from time to time deem to be necessary for the preservation of service and custodial discipline and their acceptance of the provisions of the Covenant is subject to such re- strictions as may for these purposes from time to time be authorised by law.

"Where at any time there is a lack of suitable prison facilities or where the mixing of adults and juveniles is

deemed to be mutually beneficial, the Government of the United Kingdom reserve the right not to apply article 10(2) (b) and 10(3), so far as those provisions require juveniles who are detained to be accommodated separately from adults, and not to apply article 10(2) (a) in Gibraltar, Montserrat and the Turks and Caicos Islands in so far as it requires segregation of accused and convicted persons.

"The Government of the United Kingdom reserve the right not to apply article 11 in Jersey.

"The Government of the United Kingdom reserve the right to interpret the provisions of article 12(1)

relating to the territory of a State as applying separately to each of the territories comprising the United Kingdom and its dependencies.

"The Government of the United Kingdom reserve the right to continue to apply such immigration legisla- tion governing entry into, stay in and departure from the United Kingdom as they may deem necessary from time to time and, accordingly, their acceptance of ar- ticle 12(4) and of the other provisions of the Covenant is subject to the provisions of any such legislation as regards persons not at the time having the right under the law of the United Kingdom to enter and remain in the United Kingdom. The United Kingdom also reserves a similar right in regard to each of its dependent territories.

"The Government of the United Kingdom reserve the right not to apply article 13 in Hong Kong in so far as it confers a right of review of a decision to deport an alien and a right to be represented for this purpose before the competent authority.

"The Government of the United Kingdom reserve the right not to apply or not to apply in full the guar- antee of free legal assistance in sub-paragraph (d) of paragraph 3 of article 14 in so far as the shortage of legal practitioners renders the application of this guar- Cayman Islands, the Falkland Islands, the Gilbert Is- antee impossible in the British Virgin Islands, the lands, the Pitcairn Islands Group, St. Helena and Dependencies and Tuvalu.

"The Government of the United Kingdom interpret article 20 consistently with the rights conferred by ar- ticles 19 and 21 of the Covenant and having legislated in matters of practical concern in the interests of public order (ordre public) reserve the right not to introduce any further legislation. The United Kingdom also reserve a similar right in regard to each of its dependent territories.

"The Government of the United Kingdom reserve the right to postpone the application of paragraph 3 of article 23 in regard to a small number of customary marriages in the Solomon Islands.

"The Government of the United Kingdom reserve the right to enact such nationality legislation as they may deem necessary from time to time to reserve the acquisition and possession of citizenship under such legislation to those having sufficient connection with the United Kingdom or any of its dependent territories and accordingly their acceptance of article 24(3) and of the other provisions of the Covenant is subject to the provisions of any such legislation.

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