CONFIDENTIAL
MDHIAN
101204
188
AS APPLIED TO HONG KONG.
REMEDIES (PARA 5 OF TUR)
5.
WE ARE GRATEFUL FOR YOUR INFORMATION ON THE POSITION OF THE CROWN. ALTHOUGH THERE HAS BEEN PRESSURE IN THE CONSULTATION PERIOD FOR CHANGES IN THIS AREA, WE ARE NOT PREPARED TO CONSIDER AMENDING THE CROWN PROCEEDINGS ORDINANCE IN THIS EXERCISE. IN ANY EVENT, THE ORDINANCE WILL HAVE TO BE LOCALISED AND MAY BE SUBJECT IN THAT CONTEXT TO REVIEW.
6. WE ARE SEPARATELY RE-EXAMINING OUR PROPOSAL TO MAKE A VIOLATIONOF THE BILL OF RIGHTS IN RELATION TO ANY PERSON ACTIONABLE AS A TORT IN THE LIGHT OF COMMENTS RECEIVED DURING THE CONSULTATION PERIOD. WE WILL BE PRESENTING TO YOU OUR LATEST PROPOSAL DURING THE NEXT FEW DAYS.
THIRD PARTY RIGHTS (PARAS 6-7 OF TUR)
7. THE MAIN CONCERN WITH THIRD PARTY RIGHTS HAS NOT BEEN SO MUCH
THE FEAR OF A LITIGATION BOOM BUT OF UNCERTAINTY IN THE LAW IN
AREAS AFFECTED BY SOME OF THE NEWLY CREATED RIGHTS SUCH AS THE RIGHT TO PRIVACY CA.14 OF THE BOR), INFORMATION (A. 16), AND NON DISCRIMINATION (A.23). THIS HAS BEEN A PARTICULAR CONCERN OF THE COMMERCIAL SECTOR HERE. OMELCO HAVE ACCEPTED THAT THE BILL SHOULD
NOT IMPOSE OBLIGATIONS ON PRIVATE INDIVIDUALS FOR THE TIME BEING. THE BAR ASSOCIATION AND LAW SOCIETY HAVE ALSO SUGGESTED THAT PROTECTION OF RIGHTS AGAINST PRIVATE INDIVIDUALS SHOULD BE ACHIEVED PRIMARILY BY WAY OF SPECIFIC LEGISLATION. WE AGREE WITH THIS
IN PRINCIPLE.
8.
OUR OPTIONS SEEM TO BE TO
(A)
(B)
(C)
CONFINE THE BILL TO GOVERNMENT AND PUBLIC AUTHORITIES ONLY AND ENACT SEPARATE LEGISLATION TO DEAL WITH THE MOST TROUBLESOME RIGHTS SUCH AS THE RIGHT TO A PRIVATE LIFE AND THE RIGHT TO INFORMATION WHICH ARE NOT COVERED BY
EXISTING LAWS:
REMOVE THIRD PARTY RIGHTS FROM ONLY THE MOST TROUBLESOME
RIGHTS AND DEAL WITH THEM SEPARATELY:
LEAVE THE BILL AS IT IS BUT DELAY IMPLEMENTATION OF
THIRD PARTY RIGHTS PENDING THE ENACTMENT OF SPECIFIC
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