42 The Legal System

proceedings, as Official Trustee and Judicial Trustee and to act as committee of the estate of mentally incapacitated persons. In 2011, the Official Solicitor Office took. up 275 new cases.

Director of Intellectual Property

The office of the Director of Intellectual Property, established under the Director of Intellectual Property (Establishment) Ordinance, is responsible for running the Intellectual Property Department, which operates the Trade Marks, Patents, Designs and Copyright Licensing Bodies Registries. The department is responsible for making recommendations on policy and legislation related to intellectual property protection, providing civil intellectual property legal advice to the Government, promoting public awareness of and respect for intellectual property rights, and helping Hong Kong companies understand the value of intellectual property trading.

Rights of the Individual

Legal protections

Chapter III of the Basic Law prescribes the fundamental rights and freedoms of people in Hong Kong. In particular, Article 39 (which forms part of Chapter III) provides that the provisions of the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) as applied to Hong Kong shall remain in force.

Additionally, the Hong Kong Bill of Rights Ordinance gives domestic effect to the provisions of the ICCPR as applied to Hong Kong.

Protection is also provided in the Sex Discrimination Ordinance, the Disability Discrimination Ordinance, the Family Status Discrimination Ordinance and the Race Discrimination Ordinance which are enforced by the Equal Opportunities Commission. The Personal Data (Privacy) Ordinance administered by the Privacy Commissioner for Personal Data protects the right to privacy with respect to personal data.

United Nations Human Rights Treaties and Reporting

Fifteen international human rights treaties are applicable to Hong Kong.Seven of these (the ICCPR, the ICESCR, the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), the Convention on the Rights of the Child (CRC), the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), and the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD)) require states parties to submit periodic reports to the United Nations (UN) treaty monitoring bodies plus other information requested by them. The HKSAR submits these reports as part of corresponding reports submitted by China, with the exception of the ICCPR which China has not yet ratified.

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