TNAG-2154-FCO40-3074-Human-rights-in-Hong-Kong-United-Nations-Committee-on-the-El-1990 — Page 7

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7.

SUCCESSION TO LAND (PROPERTY) IN HONG KONG IS

CLEARLY QUOTE A FIELD REGULATED AND PROTECTED BY PUBLIC

AUTHORITIES UNQUOTE WITHIN THE CONTEMPLATION OF THE UN

OF

HUMAN RIGHTS COMMITTEE'S COMMENT. ACCORDINGLY IT FOLLOWS

THAT ARTICLE 23 BOR QUOTE PROHIBITS DISCRIMINATION IN LAW

OR IN FACT UNQUOTE IN THAT FIELD.

8.

HOWEVER, NOT ALL DIFFERENCES IN TREATMENT AMOUNT

TO PROHIBITED DISCRIMINATION UNDER THE ICCPR OR THE BOR.

THE SAME UN COMMENT ABOVE (AT PARAGRAPH 13) ALSO STATES :

QUOTE FINALLY, THE COMMITTEE OBSERVES THAT NOT

EVERY DIFFERENTIATION OF TREATMENT WILL

CONSTITUTE DISCRIMINATION, IF THE CRITERIA FOR

SUCH DIFFERENTIATION ARE REASONABLE AND

OBJECTIVE AND IF THE AIM IS TO ACHIEVE A PURPOSE

WHICH IS LEGITIMATE UNDER THE COVENANT. UNQUOTE

9.

THE CRITICAL ISSUE IS THEREFORE WHETHER THE

CUSTOMARY SUCCESSION LAW ON WHICH JD 205 IS BASED IS

DISCRIMINATORY UNDER ARTICLE 23, BECAUSE IT DISCRIMINATES

ON THE BASIS OF THE MALE SEX.

THE ANSWER MUST

REALISTICALLY BE THAT IT IS SO DISCRIMINATORY IN THAT

THERE IS NO REASONABLE AND OBJECTIVE CRITERIA OR SOCIAL

REASON FOR RETAINING THE DISCRIMINATION.

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