TNAG-2177-FCO40-3114-Hong-Kong-Bill-of-Rights-1990 — Page 52

guaranteed by Article 14 of the Bill of Rights appears to be severely curtailed by Part I, Section 7(3) of the Hong Kong Bill of Rights Bill. Article 14 provides that "no one shall be subject to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his

honour and reputation." The article further provides that

everyone has the right to the protection of the law against such interference or attacks. However, Section 7(3) limits the

application of Article 14 to governmental and public authorities, public officers and employees of public authorities.

The

Article 14 of the Bill of Rights is based on article 17

of the ICCPR. The Human Rights Committee of the United Nations

has interpreted Article 17 as applicable to private persons.

Committee found that the article requires the right "to be

guaranteed against interferences and attacks whether they emanate

from State authorities or from natural or legal persons"

provision gives rise to causes of action and affirmative defenses

involving invasion of privacy against public and private

entities.

•

2

The

Article 14 of the Hong Kong Bill of Rights may include

a violation of the Bill of Rights where confidential personal or

financial data is supplied to an institution for a particular

2 See General Comment 16, CCPR/C/21/Rev.1 (1989), para.1. See also para. 9 (requiring that State Parties provide the legislative framework extending article 17 protections to acts committed by natural or legal persons). See generally, Byrnes, "The Application of the Hong Kong Bill of Rights to Relations Between Private Individuals", University of Hong Kong (1990).

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