24
threatens the life of the nation and the existence of which is
officially proclaimed, measures may be taken derogating from the Bill
of Rights.
7. Clause 7 is concerned with the remedies in respect of a
violation or threatened violation of the Bill of Rights. Clause 7(1)
provides that a violation of the Bill of Rights is a tort (in respect
of which damages may be awarded). Clause 7(2) provides that any
court or tribunal may, in proceedings within its jurisdiction, grant
such remedy or relief, or make such order, in respect of a Bill of
Rights violation as is within its powers and as it considers
appropriate and just.
8. Clause 8 provides that the Bill binds the Government and
all authorities and persons.
9. Clause 9 contains the Hong Kong Bill of Rights, which
Thebe CLC caplessed in the non-technical
concicte of 31 articles.
34
language of the ICCPR. The Bill of Rights is, however, subject to
the reservations contained in clauses 10 to 15.
10.
Clause 10 provides that members of the armed forces and
persons lawfully detained in penal establishments are subject to such
restrictions as may be authorized by law for the preservation of
service and custodial discipline.
11. Clause 11 permits, in certain circumstances, the mixing of
adults and juveniles in prison.
12. Clause 12 contains a reservation relating to immigration
legislation.
13. Clause 13 contains a reservation relating to the
deportation of persons not having the right of abode in Hong Kong.
14. Clause 14 provides that there is no obligation to enact