TNAG-2325-FCO40-3369-Hong-Kong-Bill-of-Rights-policy-1991 — Page 83

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

Reference

3.

CODE 18-77

2.

The real difference between "public anthontier" and

the

(1) (c) formula is

that the former is likely to be caustied

It is less likely to be

more n

narrowly.

interpreted as covering bodies which are essentially private in character when they exercising public functions leg, the Stock Exchange, Jockey club, etc),

are

I have no idea whether

Universities

boches such as

, esp. when acting in their schools examining capacities would be covered by

definition. They would almost-

the new

certainly

have been covered

by

(1)(c).

The definition in Fet 1424 I would suggest that HK (1) (A) in Tel 1424, and put back (1) (c) from Tel

To

>

Keep the new (B), but

1379

three clauses together would be

The three

roughly

in accordance with case law

from the ECT defining the meaning of

and

so for as

I am

"state"

familiar with it, the of other common law jurisdictions fundamental rights provisions bind

case law

where fund

emared

'the state' and emanal

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