RESTRICTED
FM HONG KONG
TO IMMEDIATE FCO
TELNO 2881
OF 27104OZ SEPTEMBER 90
RESTRICTED
HKD241
- 8 OCT 1990
INFO ROUTINE PEKING, UKREP JLG HONG KONG
вак
for BOIR for Lit
TOP COPY Q DIST ?
318
061430
MDHIAN 1490
FOR FRANK STOCK AND MICHAEL SUEN (HKG): BILL OF RIGHTS (BOR)
SUMMARY
1. THE SOUTH CHINA MORNING POST (SCMP) TODAY REPORTED PROMINENTLY THE UNFAVOURABLY FINDINGS BY ANTHONY LESTER, LONDON 1C, OF THE EFFECTS OF THE INTER-CITIZEN RIGHTS PROVIDED UNDER THE BOR. LESTER'S STUDY WAS REPORTED TO BE COMMISSIONED BY THE HONG KONG BANK.
DETAIL
2. THE MAJOR PROBLEMS REPORTED BY SCMP APPEAR TO BE AS FOLLOWS:
(A) ATTEMPTS MIGHT BE MADE TO USE THE OBLIGATIONS IMPOSED UPON AN
INDIVIDUAL AS A MEANS OF IMPOSING THE FUNDAMENTAL DUTIES CONTAINED IN THE CHINESE CONSTITUTION ON PRIVATE PERSON OR BODIES
(E.G. A COMMERCIAL BANK MIGHT BE REQUIRED TO DISCLOSE CONFIDENTIAL COMMERCIAL INFORMATION TO THE AUTHORITIES).
(B) ARGUMENTS AGAINST SUCH AN INTERPRETATION OF THE BOR, THOUGH SUPPORTED BY HUMAN RIGHTS CASE LAW, COULD BE OVERRULED BY THE NPC STANDING COMMITTEE, AND AFFECTED INDIVIDUALS WOULD BE BARRED FROM SEEKING HELP FROM THE UN HRC BECAUSE CHINA DID NOT ACCEPT THE
OPTIONAL PROTOCOL TO THE ICCPR.
(C) THE DEFERMENT ONLY OF THE APPLICATION OF RIGHT TO PRIVACY TO THE PRIVATE SECTOR UNTIL SPECIFIC LEGISLATION IS ENACTED IS NOT
ADEQUATE TO DISPEL LEGAL UNCERTAINTIES.
(D) THE SCOPE OF THE BOR ARTICLE ON QUOTE FREEDOM OF EXPRESSION UNQUOTE WOULD BE MUCH WIDER THAN ENVISAGED BECAUSE THE EUROPEAN COURT HAD RECENTLY INTERPRETED QUOTE THE FREEDOM OF OPINION UNQUOTE AS COVERING NOT ONLY IDEAS BUT ALSO INFORMATION OF A COMMERCIAL NATURE. SPECIFIC LAWS WERE NEEDED ON FREEDOM OF EXPRESSION AND THIS RIGHT HAD TO BE RECONCILED WITH THE RIGHT TO PRIVACY. (WE FEEL THAT THE REPORT MIGHT ACTUALLY MEAN ARTICLE
16(2)).
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