TNAG-2512-FCO40-3665-Future-of-Hong-Kong-International-Rights-and-Obligations-(IR-1992 — Page 42

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

3

report method to encourage compliance obligations at every level.

publicity and consider publication an appropriate

Convention

the on

with the

Convention's

Elimination of All Forms of

Discrimination Against Women

5.

on

We

year.

The study of

the interdepartmental working group

SAX discrimination in employment is in steady progress. expect that it would be completed around the end of this The Administration has yet to decide on what steps

to take to make its recommendations public.

Bill of Rights Ordinance

6.

The

international

obligation in Article 2(2) ví

the

International Covenant on Economic, Social and Cultural Rights (ICCPR) ie for a State Party (here the UK) to adopt such legislative or other measures as may be necessary to give effect to the rights recognized in the Covenant. Those measures are not required to take a particular form, let alone a Bill of Rights (c.f. the position in the UK itself). It follows that having a Bill of Rights that is

expressed το bind unly the goverment and public authorities, which the Court of Appeal has said means that the Bill does not apply to inter-citizen disputes, cannot

be а breach of the relevant international obligation. In event, in Tam Hing-yee, the Court of Appeal regarded challenged legislative provision not as permitting one private party to infringe the rights of another but as a legitimate restriction of the relevant ICCPR right.

any

the

7.

In case you have any other queries, please feel free to write to us again or call me at 810 2048.

JL-351

TOTAL P.04

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