CONFIDENTIAL
-
14
機密
31.
There
have been representations, with which the LegCo Ad Hoc Group agrees, that a lower court or tribunal
should have the power, оп application or of its own violation, to stay the proceedings and refer human rights issues to the High Court for determination. We do not
recommend such an arrangement because it
it is likely to
generate premature and wasteful referrals to the Supreme Court of Bill of Rights points, which may ultimately turn
out not to have a bearing on the outcome of the case because of evidential considerations not apparent at the time of the referral.
Obligations of Individuals to Each Other (Clause 7)
32.
A number of local financial
of local financial and business bodies,
notably the Hong Kong General Chamber of Commerce and Hong Kong Association of Banks, have expressed reservations as to whether private individuals should be bound by the rights to privacy (Article 14), information (Article 16)
and non-discrimination (Article 22) (Article 23 in the White Bill. See paragraphs. below). At present there is no specific legislation governing these areas and hence no effective remedy against their violation. They fear that these rights, as couched in the general terms of the ICCPR
provisions, could lead to confusion within the business
sector with regard to the legality of existing and contemplated contractual obligations and
well-established practices for example in relation to confidentiality. This uncertainty would have a a seriously detrimental effect on Hong Kong as a business and financial
centre.
current
CONFIDENTIAL
機密
14