TNAG-2325-FCO40-3369-Hong-Kong-Bill-of-Rights-policy-1991 — Page 8

the issues of law to which the conflicting views refer are untested in Hong Kong courts;

although there is an obligation to protect individuals from infringement of their rights by other individuals, there is nothing in the Covenant which requires states parties to impose obligations upon and enable claims to be made against individuals through

the vehicle of a Bill of Rights;

clause

7

of

the Bill is unusual, and Commonwealth Bills of Rights usually apply only to public authorities; and

privacy,

information and

non-discrimination

rights are normally dealt with by detailed legislation which define these rights with more precision than the broad provisions of a Bill of Rights.

question is one of balancing the desirability of giving

effect

to all obligation under the Covenant, against perceived uncertainty caused by the method we have chosen. In view of the depth of concern about these issues in the business community and the Legislative Council Ad Hoc Group's wish for some solution to be put forward to allay such concerns, We have re-examined the issues involved, especially the extent of inter-citizen rights provided for in the Bill.

inter-citizen" Rights Reconsidered

18

Column I Of Annex B contains an assessment of the extent to which individual articles in the Bill of Rights are (as the Bill is now drafted) directly applicable to relations between private individuals. On the whole the inter-citizen effect of the Bill is limited: it generally duplicates existing legal protections of relevant rights and in only a few areas (such as privacy) does it go beyond the scope of existing common law and statutes. Examples of new rights created are

(a)

(b)

if an employer discriminates on the basis of religious or political belief in dealings with a (prospective) employee, this could amount to violation of the Bill (Article 15);

if an rights employee

employer sought to limit its employees' to express opinions or dismissed an the basis of opinions expressed,

сп

CONEITENTIAI