TNAG-2325-FCO40-3369-Hong-Kong-Bill-of-Rights-policy-1991 — Page 116

4.

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The disadvantages to this approach are many: the schedule will almost certainly be non-exhaustive in that

many non-governmental bodies are capable of exercising

governmental or public functions; inclusion (or exclusion)

would be seen to be a political issue; the schedule would

need to be constantly updated; selection for inclusion

could be quite arbitrary. It is almost inevitable that some

bodies required by the ICCPR to be covered would be missed.

Option 2: Public Authorities

5.

The BOR could have a clause which said that it

bound "government and public authorities" and no more. A public authority is (broadly speaking) a body which has

public or statutory duties to perform, and which performs those duties and carries out its transactions for the

benefit of the public and not for private profit. The expression would encompass such bodies as the Urban and

Regional councils, the ICAC and the Consumer Council.

6.

The advantage of this approach is that it creates a broad category which will include all relevant.

organe of government whether autonomous or

quasi-autonomous. There is also an extensive body of case law which has developed over the past thirty years in the field of administrative law on the subject of the

identification of governmental and other public bodies.

This will assist judges in interpreting such a provision

7 .

The disadvantages of this approach are: that there is a degree of uncertainty about the term "public authority" and that there is bound to be litigation in

marginal cases; that it may not be interpreted widely

enough so as to include private bodies which act in a

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