TNAG-2176-FCO40-3113-Hong-Kong-Bill-of-Rights-1990 — Page 72

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discrimination.

While I cannot rule out absolutely that

they could be misinterpreted by some and result in

speculative litigation,

litigation, litigation which is based on a

misunderstanding of these articles is unlikely to succeed

and would be very costly for the claimant. The mere

possibility of such unwarranted litigation does not of

course call for a specific exemption of the private sector

from these articles. There have also been suggestions

that if there is no exemption, then the application of

these two articles to the private sector should at least

be deferred. We have concluded that there would be no

point in such a deferment since unlike Article 14, we have

intention to introduce further legislation in respect

of Article 16 and 22 and there is no obligation under the

ICCPR for us to legislate further on these matters.

no

18.

Part II of the Bill incorporates the relevant

articles of the ICCPR as applied to Hong Kong and adhere

closely to the wording of the ICCPR. We have made only

two changes of substance to the corresponding part in the

White Bill.

19.

This

Article 17 of the White Bill states that

propaganda for war or advocacy of national, racial or

religious hatred "shall be prohibited by law".

Article corresponds to a provision of the ICCPR, but under

a reservation entered by Her Majesty's Government, we are