Distr. GENERAL CERD/C/SR.1128-1155/Corrigendum 17 June 1999 Original: ENGLISH

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38. Mr. SHERIFIS said that the Committee was indeed overreacting to the letter. The Committee's concluding observations had included positive comments on the policies of Italy in many principal areas of concern to the members of CERD, who had voiced their satisfaction. However, the current debate concerned what could be a translation error in the wording of a specific paragraph of the letter. It was enough to bring to Italy's attention in due course the fact that the Committee disagreed with that wording. Alternatively, the Committee could send a copy of its concluding observations to the Chairman of CAT, if it so wished, through proper channels, i.e. its Secretary.

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Penultimate line: for Convention read International Convention on the Elimination of All Forms of Racial Discrimination

At the end of the paragraph insert It raised above all important humanitarian concerns of refugees and displaced persons who had been deprived of their property because of war, invasion and occupation. That inhuman situation existed in Europe, Africa, Asia and elsewhere. It was important, therefore, for the Committee to deal with the issue and clarify it on the basis of article 5 (d)(v) of the Convention. He accordingly proposed the adoption of a general recommendation on the right to property and to inherit of refugees and displaced persons who had been forced to flee their properties because of armed conflict.

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interpretations. He proposed that the Committee should collectively affirm the view that the clause required the balancing of the right to protection from racial discrimination against the right to freedom of expression. Both the majority and the minority judgements of the Court were compatible with such an interpretation of that clause in article 4.

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should consider the action undertaken by the Commission for Racial Equality in London when dealing with the tractor manufacturers Massey Ferguson, who had recruited workers by asking the existing workforce to introduce potential new employees. That was, in effect, discriminatory.

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Line 3: after 1994. insert More than £800 million would be available for new schemes from the SRB Challenge Fund.

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After included insert a well-entrenched tradition of respect for the rule of law, a truly independent judiciary and

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the Hong Kong Government had prepared Chinese drafts of all the laws (including subsidiary legislation) originally enacted in English only. The

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Last line: replace help. by help, and it was planned to open a second five-day centre shortly. Setting up permanent centres and facilities was also under discussion.

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Lines 2 and 3: for comprehensive plan of action read Comprehensive Plan of Action

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Line 1: after objective insert that all judicial proceedings might be conducted in Chinese or in English and that by July 1997 more judicial posts should be filled by local candidates,

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Line 3: after Chinese. insert The judiciary planned to use that practice more frequently whenever appropriate.

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38. Mr. STEEL (United Kingdom) referred to the criticism levelled by most members of the Committee, and in particular by Mr. van Boven, against the interpretative statements made by the United Kingdom Government, when ratifying the Convention, concerning articles 4 and 6 of the Convention. Mr. van Boven had criticized those statements as "redundant" because they reflected (albeit in what he considered to be inappropriate or excessive terms) what was already the effect of those two articles. Other members of the Committee had taken a different view and had concluded that there was a difference of substance between the United Kingdom's interpretation of the obligations deriving from those two articles and theirs. The Government of the United Kingdom must therefore maintain its interpretative statements and, in relation to article 4 of the Convention, must accordingly maintain its position, as set out in paragraph 36 of the report relating to the metropolitan territory, that "to ban extremist organizations, or to attempt to curtail their

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The interpretative statements necessarily also applied to the United Kingdom's dependent territories, including Hong Kong. For the reasons indicated in paragraph 31 of the report in respect of Hong Kong, the Hong Kong Government's assessment was that the factual circumstances in Hong Kong made further legislation to implement article 4 of the Convention neither necessary nor desirable.

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recognized the correlation between issues of immigration and racism in the sense that effective immigration control was necessary to ensure good

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59. The United Kingdom Government viewed the primary purpose rule referred to by Mrs. Sadiq Ali as

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United Kingdom without a visa. Moreover, the British Prime Minister had given an explicit guarantee, just the previous day in Hong Kong, that any person who was solely a British national and who came under pressure to leave Hong Kong at any time after 1 July 1997 would be admitted to the United Kingdom for settlement there. But what was of

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said that Hong Kong shared the Human Rights Committee's view, as stated in its General Comment 18 on article 26 of the International Covenant on Civil and Political Rights, that the principle of non-discrimination contained in article 26 was not limited to the rights provided for in that Covenant. With the enactment of the Bill of Rights Ordinance in Hong Kong, what that meant was that as a matter of domestic law any legislation had to be non-discriminatory in content and application regardless of its subject matter. It did not, however, mean that rights not provided for in the International Covenant on Civil and Political Rights, for example those referred to in the International Covenant on Economic, Social and Cultural Rights, were made justiciable in domestic law in the same way that rights provided for in the International Covenant on Civil and Political Rights were. With regard to the prohibition of

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Commissioner for Refugees. Secondary education had been withdrawn by the High Commissioner for Refugees following the last meeting of the Steering Committee of the International Conference on Indo-Chinese Refugees, when it had been noted that all Vietnamese migrants in the region had been screened out and should return to Viet Nam. The Hong Kong Government understood that the United Nations High Commissioner for Refugees did not provide secondary education in other first-asylum countries. Hong Kong had no wish to detain

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At the end of the paragraph insert Physical contact with armed violent inmates would have led to more serious injuries for all concerned.

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body with a wide-ranging but imprecise remit in the field of human rights. Moreover, more improvements were already in hand: legal aid was made more readily available in cases involving the Bill of Rights; the judiciary would be given additional resources in order to reduce the court waiting times; the ombudsman system was being improved; and an equal opportunities commission

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The Official Languages (Amendment) Ordinance 1995 provided for the removal of the restriction on the use of Chinese in the higher courts. The Hong Kong Government was implementing an eight-phase strategy aimed at devising a framework allowing the use of Chinese, along with English, in all court proceedings in Hong Kong before 1 July 1997. The Hong Kong Government was also reviewing the language requirement for jurors.

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Line 8: after employment. insert The two-week rule applied on premature termination of a contract by either party. It could be waived for the domestic worker under exceptional circumstances, for example when premature termination was due to financial insolvency of the employer or maltreatment.

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NGOs, including Amnesty International, provided valuable assistance and advice in the preparation of those activities and materials.

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