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public capacity (e.g. the Stock Exchange Co. Ltd. which
runs the Hong Kong Stock Exchange, the Royal Hong Kong
Jockey Club or professional bodies such as the Bar
Association or the Medical Council when carrying out its
disciplinary functions or other "public" functions); and
that it might operate so as to catch government and other
public concerns when they are acting in a private capacity
(e.g. the Government managing a bank which has been taken
over because of financial difficultion)
Option 3 Public Authorities" as defined
8.
The approach suggested in paragraph (2) above could be supplemented by a broad definition of "public
authority". The definition could be along the following
lineg:-
9.
"public authority" means a body of persons, whether corporate or unincorporate, carrying on
a service or undertaking of a public nature"
The advantage of such a definition is that it
would make it clear that it includes certain kinds of
bodies but it would not otherwise take the matter much
further than Option 2. It would also appear to be subject
to the limitations mentioned in paragranh n
Option 4: A Functional Approach
10.
The BOR could have a clause which attempted to
bind governmental and other public bodies by reference not
to their status but their functions. This is the approach
taken by the drafters of the UK Institute for Public Policy
Research Paper (IPPR) entitled "A British Bill of Rights".
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