TNAG-2177-FCO40-3114-Hong-Kong-Bill-of-Rights-1990 — Page 67

Reference.

CONFIDENTIAL

CODE 18-77

15.

With regard to Article 3:

"The 1967 statement referred to the tradition that, in Chinese life and custom, women do not have equal rights with men. This inequality has now all but disappeared following the enactment of various Ordinance since 1971.

"The Married Persons Status Ordinance, which came came into force on 24th June 1971, provides, inter alia, that a married woman shall be:

(a) capable of acquiring, holding and disposing of

any property;

(b) capable of rendering herself and being rendered

liable in respect of any tort, contract, debt or obligation;

(c) capable of suing and being sued either in tort or

in contract or otherwise; and

(d) subject to the law relating to bankruptcy and to

the enforcement of judgments and orders.

"The recommendations in the White Paper on Chinese Marriages mentioned in the statement of June 1967 have been largely implemented in the Marriage Reform Ordinance which provides that marriages entered into in Hong Kong on or after 7th October 1971 may be contracted only in accordance with the Marriage Ordinance and that after that date no man may take a concubine and no woman may acquire the status of a concubine. The Ordinance, however, preserves existing rights. Also, a married woman has the right to divorce her husband in accordance with the provisionsof the Marriage Reform Ordinance.

"The Intestates' Estates Ordinance, which came into force on 7th October 1971, abolishes the inequality between males and females and gives a widow and a female child rights of inheritance on intestacy." (File ref: UM 50/3 (25), 1974)

The Governor's statement regarding the ICCPR included the following remarks on Article 3:

"Under the Married Persons Status Ordinance, which came into effect on 7th October 1971, the position of married persons of either sex was largely equated. The Ordinance consolidated a number of existing provisions and also contained additions and amendments to the law. Amongst these amendments were provisions abolishing all restraint upon anticipation and alienation, past or future, purporting to attach to the enjoyment of any property by a woman which could not be attached to the enjoyment of that property by a man. In addition, it was

SO1AAF

CONFIDENTIAL