Reference...
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obtain redress in the courts under the BR against the Government. (Private actions against employers may be possible though).
CEDAW
7. As far as the NT policies are concerned, I think the risk of a violation being established under CEDAW is considerably less than under the ICCPR/BR. Since there is no specific Article concerning rights connected to land, we could argue that the policies do not affect "human rights" as referred to in Article 1 and are therefore not discrimination within the meaning of Article 1 (though, as previously stated, we would prefer not to rely on this).
8.
The rent concession arguably violates Article 2(d) and (£). In relation to (f), it might be defensible under the terms of the UK Reservation, if it is applied by virtue of S13 NTO. The Reservation does not apply to (d). However, if challenged under (d), it could be argued that (f), not (d), is the appropriate provision (again, if the policy has legal backing).
9.
The same points apply in relation to the SH policy.
10. The law on land succession might raise an issue under Article 2(f), which is however covered by the Reservation. Article 5(a) is also arguably relevant, as is, conceivably, Article 14(2)().
11. In any event, the obligations in Articles 2 and 5 are worded in very vague and general terms, which may assist in mounting defences to alleged violations.
12.
Discriminatory practices in employment are another matter. Article 11 contains specific obligations to take measures to eliminate discrimination in the field of employment, and in particular, to ensure the right to equal remuneration for work of equal value. The complete absence of any legislation or other enforcement measures in this field could not be defended.
OPTIONS FOR ELIMINATING THE DISCRIMINATION
13. Rent Concessions
I agree with the view in HK Tel 1554, para 6, that JD 205/BL 122 preclude its abolition. The only other way of removing the discrimination would be to extend the concession to descendants through the female line (though for reasons of practicality this would have to be prospective only). Unless the law on land succession is also changed, there are unlikely to be many such descendants in possession of the
CODE 18-77
K12ABR
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