CONFIDENTIAL
CONFIDENTIAL
FM FCO
HKC 241/
A
TO IMMEDIATE HONG KONG
TELNO 1213
OF 261625Z JUNE 90
STAY
27 JUN 1990
INFO ROUTINE UKREP JLG HONG KONG
HONG
REGISTRY
Action Taken
PEKING
for 2714
27/6
&
074771
MDHOAN 1506
TOP COPY
Q DIST?
YOUR TELNO 1554: UN CEDAW AND ICCPR/BILL OF RIGHTS
1.
WE HAVE BEEN GIVING FURTHER CAREFUL CONSIDERATION TO THE EXTENSION TO HONG KONG OF CEDAW IN THE WIDER FRAMEWORK OF THE BILL OF RIGHTS AND ICCPR AND IN THE LIGHT OF RECENT COMMENTS BY THE HUMAN RIGHTS COMMITTEE (SEE PARA 6 BELOW). WE HAVE SET OUT BELOW THE NT POLICY ASPECTS OF CEDAW AND ICCPR. WE DEAL IN MIFT WITH THE EMPLOYMENT PRACTICES ASPECTS.
2. THERE SEEM IN FACT TO BE THREE RELEVANT NEW TERRITORIES (NT) POLICIES (TUR MADE THE FIRST MENTION WE RECALL OF THE LAND SUCCESSION LAW).
THE NT RENT CONCESSION POLICY
3. THIS IS DESCRIBED IN JD205 AND BL122: WE UNDERSTAND (PARA 2 OF YOUR TELNO 3626 1989) THAT THE POLICY IS NOT EMBODIED IN ANY LEGISLATION BUT IS THE RESULT OF LAW AND REGULATIONS NAMELY SECTION 13 OF THE NEW TERRITORIES ORDINANCE (S13 NTO), WHICH REQUIRES THE COURTS TO ENFORCE ANY CHINESE CUSTOM OR CUSTOMARY RIGHT AFFECTING NT LAND. HOWEVER, WE WONDER WHETHER THE CONCESSION CAN BE DESCRIBED AS A QUOTE CUSTOMARY RIGHT UNQUOTE. WE UNDERSTAND THE POLICY WAS INTRODUCED FOR THE FIRST TIME IN THE 1970S AND WE ARE NOT AWARE OF ANY ELEMENT OF CUSTOMARY CHINESE LAW WHICH IT COULD BE SAID TO REFLECT. WE WOULD BE GRATEFUL FOR YOUR COMMENTS. CLEARLY
CLEARLY, IF IT IS NOT A CUSTOMARY RIGHT THE RENT CONCESSIONS POLICY WOULD NOT BE APPLIED BY VIRTUE
OF THE NTO.
SMALL HOUSE POLICY
4. WE UNDERSTAND (PARA 2 OF YOUR TELNO 1330 1989) THAT THIS POLICY ALLOWS NT INDIGENOUS MALE VILLAGERS TO APPLY FOR A FREE BUILDING LICENCE TO BUILD A HOUSE ON THEIR OWN AGRICULTURAL LAND PROVIDED THE LAND FALLS IN CERTAIN CATEGORIES. WE WOULD BE GRATEFUL FOR CLARIFICATION WHETHER BENEFICIARIES ARE DEFINED AS FOR THE RENT CONCESSION POLICY (LINES 7 TO 10 OF JD205) OR WHETHER ALL MEN QUALIFY AND ALL WOMEN ARE EXCLUDED REGARDLESS OF
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