JUNTIDENTIAL
23
機密
to be charged a greater rent than would, by virtue of JD 205, be payable by men in a similar situation. In other words the special benefits conferred by JD 205, expressly in the case of men and women descended through the male line, should also be conferred on men and women descended through the female line.
of
54.
As regards the relationship between the Bill Rights and the Basic Law it is relevant that Article 40 of the Basic Law refers to the protection of the "lawful" traditional rights and interests of the indigenous inhabitants of the New Territories; and Article 8 preserves customary law "except for any that contravene this Law". Therefore if any of such rights, interests or customary law contravened the
the provisions of the ICCPR they would be excluded from the purview of Article 40 and Article 8 of the Basic Law by virtue of Article 39 (which provides that the ICCPR provisions as applied to HK shall be implemented through the laws of the SAR).
55.
↑
In summary, we consider the BOR faithfully implements the provisions of the ICCPR. Those provisions have not been authoritatively interpreted in the case of landholding, and it is therefore not certain that there is any conflict between the BOR and current customary law (including that which is reflected in current HK legislation).
56.
In the light of the position stated above the two main policy options appear to be -
CONFIDENTIAL #2
機密
No comments yet.
Private notes are available after approval.