TNAG-2175-FCO40-3112-Hong-Kong-Bill-of-Rights-1990 — Page 100

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Article 10 : Fair and public hearing

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24.

"any

A barrister contends

that

judgement rendered in

for

the

requirement that

a suit at law shall be

made public....." will have the most profound effect upon the functioning of

the courts and tribunals in Hong Kong;

example, the Inland Revenue Ordinance requires the proceedings in relation to the determination of the rights

and obligations of taxpayers to be in private. Another submission expresses the

concern that an arbitrary

definition of "national security and public order" may be

abused by the state to conduct secret trials.

Article 11(1) : Presumption of Innocence

25.

A barrister points out that this general and

indeterminate article will be detrimental to existing

"reverse onus provisions" in criminal law and therefore not

conducive to effective law enforcement.

Article 11(2)(d) : Legal Assistance

26.

4 submissions advocate the necessity to provide adequate legal aid services to the public in human rights litigation.

Article 14 : Right of Privacy

27.

of

that

Justice suggests a redraft to clarify the meaning

The Law Reform Commission is of the view

lacks certainty in definition and could be

"unlawful"

"privacy"

used to stifle freedom of expression.

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