TNAG-2325-FCO40-3369-Hong-Kong-Bill-of-Rights-policy-1991 — Page 79

CODE 18-77

Reference

5. There is a risk that, unless Clause 7 of the BOR is drafted so as to require the HK courts to adopt a broad functional approach, they may confine their interpretation of "public authorities" to those directly under or closely related to the government. The disadvantage of such a result would be that the more non-governmental bodies exercising public power which are left uncovered by the BOR, the greater the likelihood of breaches of the ICCPR occurring for which no judicial remedy would be available. Such gaps in implementation of the ICCPR would be publicly highlighted by litigation unsuccessfully brought against such bodies; and the prospect of even more subsequent legislation being required to provide the necessary remedies is not an attractive one.

Jill Banett

Jill Barrett