TNAG-2325-FCO40-3369-Hong-Kong-Bill-of-Rights-policy-1991 — Page 181

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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legislation. For this reason therefore it is better to defer the application of this Article to private sector until specific legislation is enacted.

the

Q.18

Why not defer Articles 16 (freedom to seek, receive and impart information) and 22 (non-discrimination) as well? These Articles have also caused concern in the business sector.

A.18

The freedom to seek, impart and receive information in Article 16 involves no obligation to give information. The Article does not, for instance, mean that personal data held by commercial concerns must be disclosed. Article 22 on non-discrimination under the law means that no law may discriminate, and does not mean that all differentiation of treatment is prohibited. Litigation based on misunderstanding of these Articles is unlikely to succeed and would be very costly for the claimant.

Nevertheless, in view of concern of the business sector and some Legislative Council members, HKG is prepared to consider amendments to address their

concern.

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