HONG KONG LEGISLATIVE HISTORY AND ORIGINS Flashcards
How does Hong Kong operate under the principle of ‘One Country Two Systems’?
It allows Hong Kong to maintain a separate legal and administrative system from mainland China.
What is the legal framework in Hong Kong based on?
It is based on common law - from its colonial past under British rule - with the Basic Law serving as the constitution.
What is the Basic Law in Hong Kong?
The Basic Law serves as the constitutional document of Hong Kong - guaranteeing certain freedoms and rights - including those related to privacy.
What role does common law tradition play in Hong Kong’s legal system?
Hong Kong’s legal system is based on common law principles - with judicial precedents playing a significant role in shaping the law.
How have social attitudes in Hong Kong towards privacy and data protection evolved?
They have evolved significantly over the years - influenced by global trends - technological advancements - and local incidents.
How do traditional Chinese cultural values influence attitudes toward privacy in Hong Kong?
Traditional Chinese cultural values emphasize collective well-being over individual rights - influencing attitudes toward privacy to some extent.
How does the cosmopolitan nature of Hong Kong affect perspectives on privacy?
The cosmopolitan nature of Hong Kong reflects a blend of Western and Eastern perspectives on privacy.
What developments have occurred in surveillance and identification practices in Hong Kong?
Significant developments have occurred - especially in the context of law enforcement and public safety.
With advancements in technology - digital surveillance has become more prevalent - raising concerns about the extent and regulation of data collection.
What is the issue with the use of CCTV cameras for public surveillance in Hong Kong?
The use of CCTV cameras for public surveillance is a contentious issue - balancing crime prevention with privacy rights.
What does Article 30 of the Basic Law guarantee?
Article 30 of the Basic Law guarantees the privacy of communication - prohibiting arbitrary or unlawful intrusion into personal communications.
What does the Hong Kong Bill of Rights Ordinance incorporate?
It incorporates provisions from the International Covenant on Civil and Political Rights (ICCPR) - which includes protections for privacy and personal data.
What is the status of the tort of privacy in Hong Kong?
While not as developed as in some jurisdictions - Hong Kong recognizes certain common law torts that can provide remedies for privacy infringements - such as trespass to property and defamation.
What power do courts in Hong Kong have regarding privacy rights?
Courts in Hong Kong have the power to review government actions and legislation that may infringe on privacy rights - providing a check on executive power.
Is there a common law tort of invasion of privacy in HK?
No.
Which are the ways in which there is constitutional protection of privacy in HK?
The Basic Law of 1990 specifically provides protections in relation to privacy (including ICCPR provisions) - Hong Kong’s Bill of Rights Ordinance.
