TNAG-2154-FCO40-3074-Human-rights-in-Hong-Kong-United-Nations-Committee-on-the-El-1990 — Page 34

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CONFIDENTIAL

FM HONG KONG

TELNO 1554

TO PRIORITY FCO

OF 11093OZ MAY 90

CONFIDENTIAL

Animate.

HKC 241

RECENT

27 JUN 1990

REGISTRY

Action Taken

YOUR TELNO 243 : UNCEDAW

POR

105205

MDLIAN 0337

TOP COPY

17

Tim w the 2497

Advice sought how

Ms Barrett.

рвтель

втоль

1. WE HAVE BEEN CONSIDERING THE QUESTIONS POSED IN YOUR FIRST TUR, ALONG WITH FURTHER ISSUES ARISING FROM THE UNCEDAW.

NT LAND POLICY

2. PARA 2 OF TUR ASKED THAT FURTHER THOUGH BE GIVEN TO WHETHER THE EXISTING NT LAND POLICIES COULD BE RETAINED ON GROUNDS OF QUOTE ESSENTIAL AND OVERRIDING CONSIDERATIONS OF ECONOMIC POLICY UNQUOTE. OUR FEELING IS THAT WHILE WE MIGHT PERHAPS DEFEND THE SMALL HOUSE POLICY ON THESE GROUNDS WE COULD NOT LIKEWISE PROTECT THE RENT CONCESSIONS AND LAND SUCCESSION POLICIES.

3. YOU ARE CORRECT IN SAYING THERE IS INADEQUATE LAND IN THE NT TO EXTEND THE SMALL HOUSE POLICY TO WOMEN. FURTHERMORE THE HUENG YEE KUK ARE EXERTING PRESSURE TO SPEED UP THE PROCESSING OF SMALL HOUSE GRANTS. ANY EXTENSION OF THE POLICY TO FEMALE DESCENDANTS WOULD MEAN AN INCREASE IN COMPETITION FOR ALREADY INSUFFICIENT LAND RESOURCES: THE QUEUE OF APPLICANTS WOULD THEN GROW LONGER, AND THE WAITING TIME FURTHER INCREASE. WE THINK IT WOULD BE FAIR TO MAINTAIN THAT THE ECONOMIC CONSEQUENCES OF EXTENDING THE POLICY WOULD BE SERIOUS ENOUGH TO JUSTIFY RETENTION OF THE POLICY UNDER THE TERMS OF THE RESERVATION TO ARTICLE 2(F). WE MIGHT IF NECESSARY ALSO DRAW ON THE POINT THAT PROPERTY OWNERSHIP IS NOT A FUNDAMENTAL HUMAN RIGHT.

4. THE TRANSMISSION OF LAND OWNERSHIP THROUGH THE MALE LINE AND THE RELATED RENT CONCESSION POLICY, HOWEVER, PRESENT GREATER PROBLEMS. A FEMALE DESCENDANT THROUGH THE MALE LINE CAN INHERIT LAND AND IS QUALIFIED FOR THE RENT CONCESSION UNDER JD 205. SHE WOULD NOT, HOWEVER, BE ABLE TO TRANSMIT THIS LAND AND CONCESSION TO HER DESCENDANTS UNLESS SHE IS MARRIED TO AN INDIGENOUS VILLAGER. WE DO NOT THINK WE COULD CLAIM THAT THERE ARE ANY ESSENTIAL AND OVERRIDING CONSIDERATIONS OF ECONOMIC POLICY PREVENTING THE EXTENSION OF THESE POLICIES TO THE FEMALE LINE. WE WOULD THEREFORE BE LEFT, AS YOU SUGGEST IN YOUR PARA 4, TO DEFEND THESE POLICIES ON THE GROUNDS THAT THE RIGHT TO OWN PROPERTY AND THE RENT CONCESSION

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CONFIDENTIAL