TNAG-2176-FCO40-3113-Hong-Kong-Bill-of-Rights-1990 — Page 5

The implications of deferring article 14 for the Government

10

the

If Article 14 were deferred in respect of Government then, like the private sector, the Government would not be subject to litigation before the enactment of detailed legislation in this area as a result of the work of the Law Reform Commission. There will be less uncertainty in the law therefore greater administrative efficiency in the working of government.

and

11

On

the other hand, criticism would be levelled against the Government on grounds that human rights protection is primarily directed towards government actions against the individual and it is unacceptable to provide an exemption to the Government in certain areas of basic human rights. It would be argued that government policies should not be shaped by financial and commercial considerations alone and that the Government should be prepared to live with any inconveniences which might arise in the short term as a result of the creation of new rights to privacy, before detailed legislation

is available.

12

Specifically, the potential problems for the Government could arise in the following areas

(a)

(b)

of

communications.

-

The

Interception Telecommunications Ordinance which permits the Governor to authorise interceptions may not meet the new standards established by the

European Court of Human Rights for legislation

permits

the interception of

which

communications.

Identity cards are

Use of identity cards. used in the private and the public sector as a universal identifier. Article 14 may limit the circumstances in which government agencies can insist upon the production of an identity card and use the information shown therein. The practice of some police officers checking the information shown in an identity card in order to see if a person is wanted for an offence may become unlawful.

(c)

The

exchange

of

within

information government. Although the Administration has a policy of promoting good data management and has issued Data Protection Principles and Guidelines, these measures

may not be

adequate. There are concerns that information supplied for a particular purpose may be used for a wholly unconnected purpose.

CONFIDENTIAL