TNAG-2512-FCO40-3665-Future-of-Hong-Kong-International-Rights-and-Obligations-(IR-1992 — Page 120

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

CONFIDENTIAL

United Kingdom of Great Britain and Northern Ireland

Upon signature:

Subject to the following reservation and interpretative statements:

“First, in the present circumstances deriving from the usurpation of power in Rhodesia by the illegal régime, the United Kingdom post sign subject to a reservation of the right not to apply the Convention to Rhodesia unless and until the United Kingdom informs the Secretary-General of the United Nations that it is in a position to ensure that the obligations imposed by the Convention in respect of that territory can be fly implemented.

"Secondly, the United Kingdom wishes to state its understanding of certain articles in the Convention. It interprets article 4 as requiring a party to the Convention to adopt further legislative measures in the fields covered by subparagraphs (a), (b) and (c) of that article only in so far as it may consider with due regard to the principles embodied in the Universal Declaration of Human Rights and the rights expressly set forth in article 5 of the Convention (in particular the right to freedom of opinion and expression and the right to freedom of peaceful assembly and association) that some legislative addition to or variation of existing law and practice in those fields is necessary for the attainment of the end specified in the earlier part of article 4. Further, the United Kingdom interprets the requirement in article 6 concerning “repara-

Elimination of racial discrimination

tion or satisfaction" as being fulfilled if one or other of these forms of redress is made available and interprets "satisfaction” as including any form of redress effective to bring the discriminatory conduct to an end. In addition it inter- prets article 20 and the other related provisions of Part III of the Convention as meaning that if a reservation is not accepted the State making the reser- vation does not become a party to the Convention.

"Lastly, the United Kingdom maintains its position in regard to article 15. In its view this article is discriminatory in that it establishes a procedure for the receipt of petitions relating to dependent territones while making no comparable provision for States without such territories. Moreover, the ar- ticle purports to establish a procedure applicable to the dependent territories of States whether or not those States have become parties to the Convention. Her Majesty's Government have decided that the United Kingdom should sign the Convention, these objections notwithstanding, because of the impor- tance they attach to the Convention as a whole."

Upon ratification:

"First, the reservation and interpretative statements made by the United Kingdom at the time of signature of the Convention are maintained.

"Secondly, the United Kingdom does not regard the Commonwealth Immigrants Acts, 1962 and 1968, or their application, as involving any racial discrimination within the meaning of article 1, paragraph 1, or any other provision of the Convention, and fully reserves its right to continue to apply those Acts.

"Lastly, to the extent if any, that any law relating to election Fiji may not fulfil the obligations referred to in article 5(c), that any law relating to land in Fiji which probibits or restricts the alienation of land-by the indigenous inhabitants may not fullit the obligations referred to ip article 5 (d) (v), or that the school system of Fiji may pốt fullil the obligations referred to m-árticles 2, 3 or 5 (e), f), the United Kingdom reserves the right not to apply the Con- vention to Fiji.”.

CONFIDENTIAL

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