TNAG-2325-FCO40-3369-Hong-Kong-Bill-of-Rights-policy-1991 — Page 151

CONFIDENTIAL

116475

MDHIAN 2804

INTER-CITIZEN RIGHTS

3.

WE ARE INCLINED TO LEAVE INTER-CITIZEN RIGHTS OUT FROM THE

BOR IN VIEW OF THE DEEP CONCERNS OF THE BUSINESS COMMUNITY. IN DOING SO, WE WOULD NOT/NOT MAKE ANY COMMITMENT TO ENACT FURTHER LEGISLATION TO PROTECT INTER-CITIZEN RIGHTS. THIS IS NOT A PROBLEM FOR THE RIGHT OF PRIVACY AS THE LAW REFORM COMMISSION IS ALREADY TASKED TO STUDY THIS AREA OF LAW.

OTHER ASPECTS OF INTER-CITIZEN ARE MAINLY CONCERNED WITH ANTI-DISCRIMINATION. WE NOTE YOUR POINT ABOUT THE PROTECTION OF INTER-CITIZEN RIGHTS IF IT IS NOT PROVIDED FOR BY THE BOR. HOWEVER WE ARE FAR FROM BEING ABLE TO TAKE A GENERAL POLICY DECISION ON THE NEED AND DESIRABILITY OF ENACTING SPECIFIC ANTI- DISCRIMINATION LEGISLATION IN HONG KONG. OUR POSITION WITH REGARD TO CEDAW HIGHLIGHTS THIS SITUATION. IN PRACTICAL TERMS ANY REFERENCE TO THE NEED FOR, AND TO OUR COMMITMENT TO ENACT, FURTHER LEGISLATION IN THE CONTEXT OF THE BOR MIGHT CAUSE DIFFICULTY VIS-A-VIS THE CHINESE. OUR CURRENT THINKING IS TO MAKE AN UNDERTAKING TO CONSIDER HOW BEST TO PROVIDE FOR THE PROTECTION OF INTER-CITIZEN RIGHTS ARISING FROM THE ICCPR, IF ANY. WE WOULD LIKE TO KEEP OUR OPTIONS OPEN UNTIL STRONG POPULAR DEMAND HAS BEEN GENERATED OR OUR OWN STUDIES AND REVIEWS (E.G. OUR CONCLUSIONS ON CEDAW) HAVE POINTED TO THE NEED FOR SPECIFIC LEGISLATION.

WILSON

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ΜΑΙΝ

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HKD

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