TNAG-2174-FCO40-3111-Hong-Kong-Bill-of-Rights-1990 — Page 116

CONFIDENTIAL

Persons bound by the Bill of Rights

A paper is needed concerning the effect of binding,

or not binding, persons other than the Government by the

Bill of Rights. The following analyses are needed.

1.

The effect of clause 7 of the White Bill

Each article of the draft Bill should be analysed to

reveal the extent to which and ways in which it will

bind persons other than the Government. For example

(a) would article 16 of the 3ill prevent an

employer from being able to enforce a

contractual prohibition against criticising

the Government?

(2)

does article 11 apply to private prosecutions?

(c) what remedies would be available and appropriate

against a private individual who breached

an article (e.g. in some cases it might be

tort damages, in others the exclusion of

evidence improperly obtained by him).

Of particular interest are articles 14 and 23.

CONFIDENTIAL