}
CONFIDENTIAL
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MDHIAN 6481
HKC24
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TOP COPY Q DIST?
CONFIDENTIAL
FM HONG KONG
TO IMMEDIATE F C 0
TELNO 1498
OF 141125Z MAY 91
INFO ROUTINE PEKING, UKREP JLG HONG KONG
48
YOUR TELNO 919: BILL OF RIGHTS:
4 AM 1415.
INTER-CITIZEN RIGHTS
2.
THANK YOU FOR YOUR TUR.
(47
PARA 2 OF OUR TELNO 1483: COURTS AND TRIBUNALS ARE BOUND BY THE BOR IN THE SENSE THAT THEY WILL INTERPRET AND APPLY THE BOR AS AN ORDINANCE AS THEY WOULD ANY OTHER ORDINANCE WHERE THEY ARE EXPRESSLY GRANTED JURISDICTION AND REMEDIAL POWERS. WE DO NOT HOWEVER THINK THE COURTS SHOULD BE EXPRESSLY REFERRED TO IN THE NEW CLAUSE 7 BECAUSE THE SITUATION COULD ARISE THAT A COURT OR TRIBUNAL MIGHT BE OBLIGED TO GIVE EFFECT TO INTER-CITIZEN RIGHTS BY GRANTING A REMEDY UNDER CLAUSE 6 EVEN THOUGH THERE WAS NO GOVERNMENTAL ACTION OR ACTOR IN THE SUIT. IN THIS CONNECTION THE DECISION OF THE SUPREME COURT OF CANADA IN THE DOLPHIN DELIVERY CASE IS RELEVANT WHERE IT WAS HELD THAT UNDER THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS QUOTE GOVERNMENT UNQUOTE MEANT PRIMARILY THE EXECUTIVE AND ADMINISTRATIVE BRANCHES OF GOVERNMENT.
3=
PARA 5 OF YOUR TELNO 876: WE BELIEVE THAT HEALTH
AUTHORITIES AND PUBLIC EXAMINATION BOARDS ARE PUBLIC AUTHORITIES FOR THE PURPOSES OF THE BOR.
4.
REGARDING YOUR QUERY IN PARA 4 OF YOUR TELNO 876, YOU WILL RECALL THAT CLAUSE 7(3) OF THE BLUE BILL MADE ITS APPEARANCE LATE IN THE DAY WHEN WE WERE SEEKING TO LIMIT THE APPLICATION OF ARTICLE 14 OF THE BOR. IT WAS NOT DRAFTED WITH A VIEW TO IT BEING THE BASIS FOR A NEW BINDING CLAUSE IN AN ORDINANCE WITHOUT INTER- CITIZEN RIGHTS AND OBLIGATIONS.
5.
WE DECIDED TO DROP THE WORDS QUOTE PURPORTING TO ACT UNQUOTE PURPORTING TO ACT UNQUOTE BECAUSE WE FEEL THAT UNDER THE PRESENT FORMULATION PERSONS WHO PURPORT TO ACT ON BEHALF OF THE GOVERNMENT OR A PUBLIC AUTHORITY AND WHO HAVE SOME CONNECTION WITH THE GOVERNMENT OR A PUBLIC AUTHORITY WILL BE CAUGHT BY THE NEW SUB-CLAUSE (B). IF SUCH PERSONS DO NOT PURPORT TO ACT ON
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