TNAG-2175-FCO40-3112-Hong-Kong-Bill-of-Rights-1990 — Page 333

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[AG be given a power of intervention. Draft to be provided by AGC.]

Obligations of Individuals to Each Other (Clause 7)

30.

A number of local financial and business bodies, notably the Hong Kong General Chamber of Commerce and Hong Kong Association of Banks, have expressed reservations as to whether private individuals should be bound by the rights to privacy (Article 14), information (Article 16) and non-discrimination (Article 23). At present there is no specific legislation governing these areas and hence no effective remedy against their violation. They fear that these rights, as couched in the vague terms of the ICCPR provisions, could lead to confusion within the business sector with regard to the legality of current practices such as investigation into credit-worthiness.

This uncertainty would have a seriously detrimental effect on Hong Kong as a business and financial centre.

31.

The ICCPR requires that States Parties should ensure that any person whose rights and freedoms (as recognised in the Covenant) are violated shall have effective remedy (Article 2.3(a)). The Preamble to the Covenant also states that the individual, having duties to other individuals and to the community to which he belongs, is under a responsibility to strive for the promotion and observance of the rights recognised in the ICCPR. Therefore, while the ICCPR does not require that an individual should be able to sue another individual in court for a breach of ICCPR rights, it does require that the rights of the individual be protected in some way.

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