TNAG-2154-FCO40-3074-Human-rights-in-Hong-Kong-United-Nations-Committee-on-the-El-1990 — Page 23

CODE 18-77

Mr

Collie UND.

Back to me.

второ HKC241

ISTRY

27 JUN 1990

Ms Major HKD

CC: Mr Rankin

Mr Fifoot

GISTRY ction Taken

Reference.

Телт

ра виорь

From: Jill Barrett

Assistant Legal Adviser K166 3381

Date: 14 June 1990

HHKD 241/3

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UNCEDAW, THE BILL OF RIGHTS AND THE NEW TERRITORIES LAND POLICIES

HK TELS 1330, 3626, 1554, AND FCO TELS 1831, 243

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1. The Hong Kong telegrams seem to have confused the CEDAW and the ICCPR/BR issues, and to have confused the various NT policies under discussion. The NT policies are certainly inter-related but, as.I see it, do not necessarily stand or fall together ie any one could be retained without the others. It is therefore necessary to consider the legal position relating to each policy separately.

2.

Four areas of concern are referred to in HK Tel 1554:

(a) The NT rent concession policy

(b) The NT small house policy

(c) NT Land Succession Law

(d) Employment practices in HK generally

It is crucial that we clarify exactly how the NT policies work and their legal basis in Hong Kong law. If I (or HKG legal advisers) have misunderstood the facts, the legal advice will need to be reconsidered.

3.

The current position, as far as I understand it, appears to be:

(a) Rent Concessions (HK Tel 3626 para 3) From the description in JD 205 and HK Tel 3626, para 3, it seems that the government applies the concession to types of rural holdings which are held by a person (male or female) descended through the male line from a person who was in 1898 a resident of an established village in HK.

There are therefore two discriminatory aspects to the policy:

(i) persons (male or female) descended from such a person through the female line do not qualify;

K1 2ABR

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