TNAG-2154-FCO40-3074-Human-rights-in-Hong-Kong-United-Nations-Committee-on-the-El-1990 — Page 42

CONFIDENTIAL

Z CZ C

CONFIDENTIAL

TELNO

OF

AND TO

FM FCO

TO ROUTINE HONG KONG

TELNO

OF 23150OZ JANUARY 90

ROUTINE

YOUR TELNOS 3626 AND 4142: UN CEDAW

1. We are generally content with the tactics proposed in TUR.

But further information is necessary before we can take a final

decision on whether or not to extend the ratification of CEDAW to

Hong Kong (and if so, under what conditions).

2. We note from para 2 of TUR that it can be argued that your

small house and rent concession policies are the result of Law

and regulations relating to the new territories, although not

embodied in legislation as such. Could there be more scope than

you suggest for arguing that these policies are in addition the

result of quote essential and overriding considerations of

economic policy unquote? For example, would the fact that

there is inadequate land to extend the small house policy to

women constitue an overriding consideration? If there is any

such scope, we could see a case for defending the NT Land

policies under Article 2(f) of the UK's existing reservations and

declarations on CEDAW. In line with the spirit of this

reservation, however, you would need to be prepared to keep these

policies under review with a view to changing them if or when

these overriding economic reasons justifying their

ADDITIONS

NESADU

HKD

PA Major

NANN

Pinter

retention

Telephone no

270 2655

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