TNAG-1314-FCO40-1696-Working-papers-for-use-at-talks-on-the-future-of-Hong-Kong-1984 — Page 72

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Mr Morris, HKD

Morris

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MICKOTO!!!

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Mr Thomson, FED Mr Walker, Research

FUTURE OF HONG KONG:

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WORKING PAPER ON RIGHTS OF INDIVIDUALS

1. It is questionable whether China could accede in respect only of Hong Kong (China) to the International Covenant on Economic, Social, and Cultural Rights or the International Covenant on Civil and Political Rights. The only provisions about territorial application are in Articles 28 of the first covenant and Article 50 of the second. Each is in identical terms and reads -

2.

"The provisions of the present Covenant shall extend to all parts of federal States without any limitations or exceptions."

We ourselves are beginning in suitable cases to adopt the practice, in the case of multilateral agreements which have no territorial application provisions, of defining the territory to which we will apply them. We are doing this in order to counter the implication that their application will extend to all our dependent territories. This practice is beginning to gain acceptance through acquiescence. It is possible therefore that if China did seek to accede in this highly restrictive way the other parties would not object. However, there is the added complication presented by the two Articles quoted in paragraph 1 above. It is true that on their strict terms they apply only to federal States, and it could be argued that since China is not a federal state they were irrelevant. Nevertheless the Articles do display a restrictive attitude towards limitations of territorial applicability. We could not therefore be sure that a limited accession by China would gain acceptance. Moreover I note from Hong Kong telegram no 280 of 2 February that this option is regarded as only a remote possibility.

3. A further factor is that Hong Kong cannot at present fully comply with the covenants. In connection with its handling of refugees, for example, it has to rely on the reservations which we made in respect of Hong Kong at the time of ratification.

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On the other hand it would no doubt bolster public confidence in Hong Kong if it could be shown that the SAR would continue to comply with the covenants, at least to the same extent as at present, and that after 1997 China was committed not to interfere. To give only one example, if China sought to impose on Hong Kong (China) its policy on single child families and to put pressure on the Government of the SAR to arrange for abortions on the same scale and on the same conditions as in the PRC, Hong Kong might wish to point to Article 7 of the Covenant on Civil and Political Rights (which prohibits inhuman or degrading treatment), Article 23 of the same covenant (which provides that the family is the natural and fundamental group unit of society, entitled to protection by the

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