8
whether the private sector should be bound by the rights
to privacy (Article 14), freedom of information (Article
16) and the prohibition of discrimination (Article 22).
Since there is at present no specific legislation
governing these areas, they believe that these rights,
couched in the general terms of the ICCPR provisions,
could lead to confusion in the business sector with regard
to the legality of existing and contemplated contractual
obligations and well-established practices. They fear
this uncertainty could have a seriously detrimental effect
on Hong Kong as a business and financial centre.
- 16.
legislation, it
could
We accept that the concerns about Article 14 on
rights to privacy are valid because, in the absence of any
specific
be commercially
disruptive. Since the Law Reform Commission is studying
the subject of privacy with a view to making
for detailed legislation, we have
recommendations
concluded that the application of this article to the
private sector should be deferred until such legislation
is enacted. Clause 7 (3) and (4) reflect this.
17.
freedom of
We do not, however, accept that the right to
expression (including the freedom to seek,
receive and impart information) in Article 16 and the
anti-discrimination provisions in Article 22 of the Bill
would also be disruptive.
There would not seem to be much