TNAG-2512-FCO40-3665-Future-of-Hong-Kong-International-Rights-and-Obligations-(IR-1992 — Page 21

Mr Baker

HRPU

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اللمبالية

pleate

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ND 9/121

Mr.

Reference..

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81

I imaging. Hong Kong requested the reservation precisely because local Conditions requied it. Are there any pps in HRD?"

Fleadhon, SEAD

2703766

UN CONVENTION ON THE RIGHTS OF THE CHILD: EXTENSION TO DEPENDENT TERRITORIES: RESERVATION TO ARTICLE 22?

9/12

1.

Article 22 of the Convention on the Rights of the Child (CRC) deals with child refugees or asylum-seekers and provides that they shall receive appropriate protection and humanitarian assistance. The UK made no reservation to this Article.

2.

Hong Kong requested that a reservation to Article

22 be entered on their behalf and we agreed the text set out in (d) of the attached list. The Cayman Islands have requested a similar reservation.

The purpose of this minute is to seek views on whether Hong Kong needs this reservation in addition to the reservation in (b) of the attached list on immigration and citizenship.

3.

4.

When the UK made its reservation on immigration and citizenship, was it envisaged that that reservation would cover any possible difficulties arising from Article 22? Or was it the case that we saw no difficulty with Article 22 in the first place?

5.

If the reservation would cover refugees and asylum-seekers in the UK, would it also apply to asylum-seekers in Hong Kong or are conditions there so different as to require a separate, more stringent reservation?

6. I realise that we have already approved the Hong Kong reservation, but there would still be time to change it, if necessary. It would certainly look odd to have the Cayman Islands (but none of the other Caribbean dependent territories) making a similar reservation. In policy terms, we would presumably wish to avoid making this reservation if we could.

I should be grateful for any light which you or other copy addressees can throw on this question, by 23 December 1992.

7.

Nigel Parker

ND Parker

Assistant Legal Adviser

K275

270 3067

7 December 1992

HKC 031/4

cc: Mr Bramley, Legal Adviser's Branch, Home Office

Mr Aust, Legal Counsellor

Mr Godfrey, SEAD, Vietnamese Migrants Unit Mr Holland, WIAD

CODE 18-77

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