تا
5
7.
SUCCESSION TO LAND (PROPERTY) IN
IN HONG KONG IS
CLEARLY QUOTE A FIELD REGULATED AND PROTECTED BY PUBLIC
AUTHORITIES UNQUOTE WITHIN THE CONTEMPLATION OF THE
THE UN
HUMAN RIGHTS COMMITTEE'S COMMENT. ACCORDINGLY IT FOLLOWS
THAT ARTICLE 23 BOR QUOTE PROHIBITS DISCRIMINATION IN LAW
OR IN FACT UNQUOTE IN THAT FIELD.
8.
HOWEVER, NOT ALL DIFFERENCES IN TREATMENT AMOUNT
TO PROHIBITED DISCRIMINATION UNDER THE ICCPR OR THE BOR.
THE SAME UN COMMENT ABOVE (AT PARAGRAPH 13) ALSO STATES :
QUOTE FINALLY, THE COMMITTEE OBSERVES THAT NOT
EVERY
DIFFERENTIATION OF
TREATMENT WILL
CONSTITUTE DISCRIMINATION, IF
THE CRITERIA FOR
SUCH
DIFFERENTIATION ARE
REASONABLE AND
OBJECTIVE AND IF THE AIM IS TO ACHIEVE A PURPOSE
WHICH IS LEGITIMATE UNDER THE COVENANT.
UNQUOTE
9.
SEX.
THE ANSWER MUST
THE CRITICAL ISSUE IS THEREFORE WHETHER THE
CUSTOMARY SUCCESSION LAW ON WHICH JD 205 IS BASED IS
DISCRIMINATORY UNDER ARTICLE 23, BECAUSE IT DISCRIMINATES
ON THE BASIS OF THE MALE
REALISTICALLY BE THAT IT IS SO DISCRIMINATORY IN THAT
THERE IS NO REASONABLE AND OBJECTIVE CRITERIA OR SOCIAL
REASON FOR RETAINING THE DISCRIMINATION.
CONFIDENTIAL
20 398d
82:5 PI-9
06.
MH
3SNOH 1009 000
No comments yet.
Private notes are available after approval.