TNAG-2512-FCO40-3665-Future-of-Hong-Kong-International-Rights-and-Obligations-(IR-1992 — Page 221

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INFO ROUTINE PEKING, UKREP JLG HONG KONG

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MDLIAN 2201

MIFT: UN CONVENTION ON THE RIGHTS OF THE CHILD

TEXT OF DRAFT SPEAKING NOTE FOLLOWS:

BEGINS

1. WE WISH TO RAISE THE SUBJECT OF THE UN CONVENTION ON THE RIGHTS OF THE CHILD CHAND OVER COPY). UK SIGNED THE CONVENTION IN

APRIL 1990. UK NOW PLANS TO RATIFY CONVENTION AND WISHES THAT

THIS RATIFICATION APPLY TO ITS DEPENDENT TERRITORIES.

2. THE BRITISH SIDE CONSIDER THAT IT WOULD BE DESIRABLE THAT HONG KONG BE INCLUDED IN THE UK RATIFICATION. THIS WOULD DEMONSTRATE TO THE INTERNATIONAL COMMUNITY HONG KONG'S COMMITMENT TO PROTECTING AND PROMOTING THE RIGHTS OF THE CHILD. WE NOTE THAT

THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA HAS RECENTLY RATIFIED THE CONVENTION.

3. HONG KONG'S LEGISLATION AND PRACTICE CONCERNING THE PROTECTION OF CHILDREN ESSENTIALLY COMPLY WITH THE CONVENTION. NEVERTHELESS, THERE ARE INEVITABLY SOME DIFFERENCES BETWEEN HONG KONG'S

LEGISLATION AND THIS WIDE RANGING CONSENSUS DOCUMENT. AFTER CONSULTING THE LEGAL ADVISERS, THE BRITISH SIDE HAS IDENTIFIED A NUMBER OF AREAS WHERE THE UK ENVISAGES THE NEED TO MAKE DECLARATIONS OR RESERVATIONS ON BEHALF OF HONG KONG UPON RATIFICATION.

4. FIRSTLY, ARTICLES 1 AND 6 OF THE CONVENTION READ TOGETHER WITH PARAGRAPH 9 OF THE PREAMBLE MAY BE INTERPRETED AS BROADENING THE DEFINITION OF THE CHILD TO INCLUDE CHILDREN BEFORE BIRTH. LIKE THE UK, HONG KONG NEEDS A RESERVATION TO COVER LEGAL TERMINATION OF PREGNANCY AND TO AVOID INCONSISTENCY WITH DOMESTIC LEGISLATION.

5. SECONDLY, THE PROVISIONS IN THE CONVENTION REGARDING IMMIGRATION AND NATIONALITY ARE DRAFTED IN VERY BROAD TERMS. AS

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