TNAG-2154-FCO40-3074-Human-rights-in-Hong-Kong-United-Nations-Committee-on-the-El-1990 — Page 28

CODE 18-77

Reference....

and

succession determined in accordance with customary Chinese law.

HKG would have to rely upon the word "lawful", argue that this reserves the right to restrict any traditional rights in the public interest. Just as concubinage was abolished in 1970, so must inheritance laws be modified in accordance with international human rights obligations. Another variation on this theme would be the argument that since the rule of customary law which deprives females of equal inheritance rights with males will have been abrogated by Cl 3(3) BR, it is no longer "lawful".

16. Employment Practices

Clearly there is no obstacle in the JD or BL to enacting the necessary legislation.

17.

ICESCR

I have, incidentally, also cast an eye over this, but do not consider it relevant to any of the policies under consideration.

THE WAY FORWARD:

SQUARING NT POLICIES WITH THE ICCPR/BR

18. It seems likely that sooner or later all the discriminatory aspects will have to be removed. The

tactical choice is whether to do nothing now and risk change being forced by adverse comment by the Human Rights Committee or by defeat in the courts, or make all or some of the changes now in the context of the general review of legislation during the BR freeze period. Obviously the choice involves a political judgement. I would have thought there was much to be said for taking the opportunity provided by the BR review (and extension of CEDAW, if it goes ahead) for getting those reforms (or at least the rent and SHP) out of the way in one go. In the long term a way of reconciling JD 204/205 and JD 156 needs to be found, unless we wish to maintain that the JD has enshrined sex discrimination in HK for 50 years in contravention of the ICCPR. Similarly, BL 40 and 122 need to be reconciled with BL 39 if these provisions are to be workable.

reason why an explanation along these lines could not be put convincingly to the Chinese, in the event that they object to any reforms of this sort.

EXTENSION OF CEDAW

19.

Since the NT policies are already in danger of being found inconsistent with the ICCPR/BR and the risk of inconsistency with CEDAW is lower, extension of CEDAW to HK would not add anything material to our existing international obligations in this area. I note the concern

K12ABR