ENG-2004 — Page 64

38 | The Legal System

Director of Intellectual Property

The post of Director of Intellectual Property was established in 1990 as a statutory office by the Director of Intellectual Property (Establishment) Ordinance. The Intellectual Property Department operates Trade Marks, Patents, Designs and Copyright Licensing Bodies Registries. The department is also responsible for making recommendations on policy and legislation related to intellectual property protection, provision of civil intellectual property legal advice to the Government, and promotion of public awareness of and respect for intellectual property rights.

Rights of the Individual

The Sino-British Joint Declaration on the Question of Hong Kong and the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China provide that the provisions of the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) as applied to Hong Kong shall remain in force. The HKSAR's first report in light of the ICCPR was submitted to the United Nations (UN) in January 1999 and heard in November that year. The second report will be submitted shortly. The HKSAR's second report under the ICESCR was submitted to the UN as part of China's first report in June 2003. It will be heard by the UN Committee on Economic, Social and Cultural Rights in the spring of 2005.

Additionally, the HKSAR continues to abide by the major international conventions on human rights. These include the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), the Convention on the Rights of the Child (CRC), and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).

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The HKSAR's initial report under the CAT which formed part of China's third report was examined by the UN Committee against Torture in May 2000. The second (to be part of China's fourth) is in preparation. An initial report under the ICERD which formed part of China's eighth and ninth reports - was examined by the UN Committee on Elimination of Racial Discrimination in July/August 2001. Hong Kong teams attended both hearings as part of the Chinese delegation. The HKSAR's first report under the CRC was submitted to the UN as part of China's second report in June 2003. The UN Committee on the Rights of the Child will hear it in September 2005.

The Hong Kong Bill of Rights Ordinance, enacted in 1991 to give effect in domestic law to the provisions of the ICCPR, remains in force.

The Equal Opportunities Commission continues to oversee the three anti- discrimination ordinances the Sex Discrimination Ordinance, the Disability Discrimination Ordinance, and the Family Status Discrimination Ordinance.

The Personal Data (Privacy) Ordinance protects an individual's right to privacy with respect to personal data. The ordinance is administered by the Privacy Commissioner for Personal Data.