OF VIEW.
CONFIDENTIAL
002625 MDLIAN 1739
INTER-CITIZEN RIGHTS
14. OUR BILL PROPOSES TO BIND ALL AUTHORITIES AND PERSONS, BOTH PUBLIC AND PRIVATE, EXCEPT IN THE CASE OF ARTICLE 14 (RIGHT TO PRIVACY) WHICH WILL NOT APPLY TO PRIVATE PERSONS AND BODIES UNTIL SPECIFIC LEGISLATION IS AVAILABLE IN THIS FIELD. THIS IS IN VIEW OF ITS POTENTIAL DISRUPTION TO THE BUSINESS SECTOR AND THE LIKELY RECOMMENDATIONS OF THE LAW REFORM COMMISSION TO ENACT LEGISLATION IN THIS AREA. THE SAME ARGUMENTS, WE FEEL, CANNOT BE APPLIED TO OTHER PROVISIONS OF THE BOR WHICH MAY CREATE INTER-CITIZEN RIGHTS (NOTABLE ARTICLE 16 ON FREEDOM OF INFORMATION AND ARTICLE 22 ON NON-DISCRIMINATION).
15. THE BUSINESS SECTOR DOES NOT ACCEPT THIS VIEW. THE HONG KONG ASSOCIATION OF BANKS AND THE EMPLOYERS' FEDERATION OF HONG KONG ARE MAKING A FRESH ATTEMPT TO CONVINCE LEGCO ARGUING, ON THE BASIS OF THE OPINION OF ANTHONY LESTER, QC, THAT THE BOR SHOULD NOT BIND PRIVATE PERSONS AND BODIES. (LESTER WAS COMMISSIONED BY THE HONG KONG AND SHANGHAI BANK TO STUDY THE BOR).
16. WE SUSPECT THAT THE BUSINESS SECTOR WILL NOW BRING PRESSURE TO BEAR FOR US TO CONCEDE ON THIS ISSUE. WE ARE STUDYING LESTER'S OPINION AND WILL REVERT TO FCO LEGAL ADVISERS SOON. OUR INITIAL VIEW IS THAT IT IS SERIOUSLY FLAWED.
THE BOR AND LAW AND ORDER
17. THE AD HOC GROUP ACCEPTS THAT IT SHOULD BE POSSIBLE TO RECONCILE THE NEED TO PROTECT HUMAN RIGHTS WITH THE NEED FOR EFFECTIVE LAW ENFORCEMENT. HOWEVER THEY WANT SPECIFIC INFORMATION ON PROGRESS IN DEALING WITH POTENTIALLY INCOMPATIBLE LEGISLATION, AT A TIME WHEN LAW AND ORDER IS A MAJOR CONCERN TO THE COMMUNITY. PRIORITY HAS BEEN GIVEN TO THE COMPLETION OF THIS REVIEW. WE PLAN TO REPORT OUR FINDINGS TO THE AD HOC GROUP SHORTLY.
WILSON
YYYY
PAGE
5
CONFIDENTIAL
No comments yet.
Private notes are available after approval.