Constitutional restraints to the development of privacy in Hong Kong

In Hong Kong, there is no specific legislation that recognises a general right to privacy but that does not mean that individuals are not protected in cases of privacy intrusions. Protection can be provided by the common law either by an extended breach of confidence action or a sui generis privacy cause of action. However, common law developments can be hindered by human rights instruments. This article seeks to identify the constitutional restraint that Hong Kong courts may face in developing actions in privacy and offers an alternative interpretation of Hong Kong’s human rights instruments with a view to further enhance the development of privacy actions as between private individuals.