TNAG-2176-FCO40-3113-Hong-Kong-Bill-of-Rights-1990 — Page 71

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scope for claims against the private sector under these

Indeed claims based solely on these two

articles.

be devoid of merit, and I doubt

Articles are likely to be

very much if they can be

successful. An individual's

freedom to receive information, for example, does not mean

that data held by a commercial concern must be disclosed

to him, or indeed that anybody is obliged to give him the

information he seeks. Article 16 is clearly about

promoting and protecting the free exchanges of ideas

between individuals. The kind of issues which could

arise under this Article

press, literary and artistic

restrictions on

broadcasting.

Į could include freedom of the

or manipulation

self-expression and

of radio and TV

Its potential for disruption in the

business community is hard to see. The application of

Article 22 will be limited to the making of laws; it is

intended to bind the legislature, not individuals, as is

clear from its text which states, inter alia, that the law

shall prohibit discrimination on grounds like race,

colour, sex, language etc. The United Nations Human

Rights Committee has made it clear, in two cases,

these provisions do not say what laws must be made. They

do however provide that if and when legislation is enacted

it must comply with the rule

against

that

discrimination.

Therefore, in the view of the Administration,

these two

articles do not create a duty in the private sector to

disclose

information

or

guarantee

protection against