TNAG-2325-FCO40-3369-Hong-Kong-Bill-of-Rights-policy-1991 — Page 119

15.

CONFIDENTIAL

The disadvantages of this approach are

would not be comprehensive and would have to be combined

with another approach and that many bodies established by

ordinance have no real public functions (e.g. banks) and

should perhaps be outside

thu

BAD

Qulion 6: Bogies Controlled by Government

16.

The BOR could contain a clause which included

non-governmental bodies which were nonetheless capable of being controlled or were in fact owned by government. An example a body which is capable of being controlled by

government is the City Polytechnic by reason of section 8

of the City Polytechnic of Hong Kong Ordinance which

enables the Governor in Council to direct the City

Polytechmic as to its functions. A body which is wholly

owned by the government is the OTA bank.

17.

The advantage of this approach is that the

actions of bodies under direct governmental control are

caught under the BOR

18.

The disadvantages of this approach are that

government owned or government controlled bodies do not

necessarily perform governmental functions all or some of

the time and that limitations imposed by the BOR might (be

perceived to) have an adverse impact on commercial

decision-making, particularly if the body is engaged in competition with unregulated private bodies,

Option 7: Government Franchis08

19.

The BOR could contain a provision which included

private concerns which operated under a government licence

or franchiza

CONFIDENTIAL

DNOW ONOH

ASOOH INZWNHADOS

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