TNAG-2175-FCO40-3112-Hong-Kong-Bill-of-Rights-1990 — Page 248

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機密

CONFIDENTIAL #3

individual

court for

-

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should be able to sue another individual in breach of ICCPR rights, it does require that the rights of the individual be protected in some way.

35.

The Bar Association and Law Society have suggested that protection of rights against private individuals should be achieved primarily by way of specific legislation. The LegCo Ad Hoc Group has recommended that the BOR should not impose obligations on private individuals for the time being. We agree that the concerns of the private sector should be addressed. The options appear to be :

(a)

(b)

(c)

(d)

Exclude all obligations between

between individuals, and confine obligations under the BOR to government and public authorities;

Exclude obligations between individuals in

respect of specified articles, such as those dealing with privacy, right of information and non-discrimination;

Defer commencement of all obligations between individuals until specific legislation privacy, right

of

information

on

and

non-discrimination is ready; the BOR will then provide for the residual rights; and

Defer commencement of all obligations between individuals in respect of Articles 14 (privacy) and 16 (right of information) only.

CONFIDENTIAL ##

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