TNAG-2154-FCO40-3074-Human-rights-in-Hong-Kong-United-Nations-Committee-on-the-El-1990 — Page 45

Mr Gwynn

UND

HKC24111

RECEIVED IN 1STRY

20 FEB 1990

DESK OFFICE - INDEX

GISTRY

PA

Action Taken

HONG KONG AND CEDAW

Reference

for 2511

2

0

1.

I refer to your minute of 14 December and Ms Major's minute of 4 January relating to the above matter. I would comment on your draft telgram and the suggested amendments by Ms Major as follows.

2.

Para 2

I am not sure of the basis of the second sentence in this paragraph as drafted. Hong Kong in their telno 3626 say that they would have great difficulty in establishing a connection between the small house and rent concession policies and "essential and overriding considerations of economic policy". My minute of 17 November cast no doubt on this contention, but merely explained that strictly speaking in these circumstances there may only be an obligation in accordance with the terms of the existing UK reservation to keep the relevant laws and regulations under review. It may be, however, that your second sentence is designed to reflect considerations beyond those raised in my minute. If so, I am content with this paragraph as drafted.

3. Para 3

I would change the word "However" in line 8 to "Moreover" given that what follows backs up, rather than contrasts with, what is previously stated.

4. Para 4

I think there is a danger of confusing the relationship between CEDAW and the ICCPR. Our ratification of the ICCPR already extends to Hong Kong and the arguments we would make were we to be examined by the Human Rights Committee of the ICCPR in respect of the relevant policies are those outlined in draft para 3. The central point in para 3 of our telno 1831 is that it is possible to argue that the right to own property is not a human right and fundamental freedom in respect of Article 1 of CEDAW. One basis for this argument is that the ICCPR does not provide for a right to property as such. Surely the difficulty we might face under CEDAW is not directly what the Human Rights Committee under the ICCPR would think, but rather what the Committee on the Elimination of Discrimination against Women established under Article 17 of CEDAW might think (albeit that it might be influenced by the views of the Human Rights Committee

CODE 18-77

JR2ACE

Page 45Page 46