TNAG-2176-FCO40-3113-Hong-Kong-Bill-of-Rights-1990 — Page 99

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

20

receive intocestion, for example,

Indeed

commercial

osucern

tes not GEAR GOAL

Qust be disclosed to him, or

Chai anybody is obliged to give him the internation he

seeks. The Article te clearly about promoting and protecting

conditions for intellectual and artistic self-development and

potential for disruption in the business community is hari

see.

The application of Article 22 will be limited to the

content of laws.

The United Nations Human Rights Committee

nas made it clear, in two cases, that these provisions do not

SAY

what laws must be made.

legislation is enacted 1t

discrimination.

In the

They do however provide that when

must comply with the rule against

view of the Administration, these

Auty to disclose

articles by themselves do not create

information Or prohibit discrimination in the private sector.

Nevertheless, they could be misinterpreted by some and result

in

OR

speculative litigation. However, litigation which is based

misunderstanding of the articles is likely to be levold

The cere

of merit and would be very costly for the claimant.

possibility of such unwarranted litigation does not of cozase

cali for a specific exemption of the private sector from these

There have also been suggestions that if there is

articles.

no exemption, then the

the

application of these two articles

private sector should at least be deferred. Re have

concluded that there would be--no point in such a deferment

since unlike Article 14, we have no intention to introduce

further legislation in respect of Article 16 and 22 and there

under the ICCPR for us to legislate further

is no obligation

on these matters.

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