HK
SOPH
BUVI
aaa
==:=
PT-IT QA.
PHGE ØS
Legislation
E.
Emergency Regulations
7.
Official Secrets Act
G.
Crimes Ordinance
CONFIDENTIAL
4
Nature of Problem
No provision to prevent derogation from basic rights in times of emergency.
Certain regulations may be considered to infringe human rights.
Certain sections of the 1911 UK Act which applies to H.K. may infringe the right to freedom of expression, including freedom to seek, receive and impart information and ideas of all kinds.
Parts I and II relating to treason and sedition may need to be looked into alongside the Official Secrets Act. Loitering provisions and stop and search powers will also need to be considered.
Legal advice which has been given
Legal advice is pending.
Legal issue is whether 5.2 OSA 1911 is consistent with BOR 16 (freedom of expression). Consideration is being given to replacing it with the 1989 U.K.
Act.
Loitering provisions and stop and search powers will be looked at after the Law Reform Commission has published its report on police stop and search powers.
11.
Prison Rules, Debent.o Centre Regulations
Various provisions in prisons rules, standing orders and detention centre regulations may be liable to challenge.
A mmber of rules and standing orders relating to censorship of prisoners' correspondence may violate the right to privacy [BOR 14(1)] and freedom of expression. Other rules may be inconsistent with BOR on other grounds.
ΠΩΝΓΙΠΕΝΤΙΑ
No comments yet.
Private notes are available after approval.