11
Proceedings Ordinance places on remedies in proceedings against the Hong Kong Government. The question is therefore whether the limitations under the Crown Proceedings Ordinance (i.e. insufficient remedies available to deal with violation by a public authority) should be removed to facilitate the Bill of Rights. The Administration has confirmed that, in making a breach of the Bill of Rights actionable as a tort, Clause 6 does not in any way limit a person's existing right to seek remedies by way of other legal actions, such as judicial review, seeking a declaration, or applying for a writ of habeas corpus. Another Group recommends that a lower court or tribunal should have the power, on application or of its own volition, to stay the proceedings and refer the human rights issue to the High Court for determination.
Recommendation
Having considered the views put forward by the representations and the Administration, the Ad Hoc Group recommends that the Administration should consider amending the Crown Proceedings Ordinance particularly in relation to remedies for interim relief. The Group also endorses the view that a lower court or tribunal should have the power, on application or of its own. volition, to stay the proceedings and refer the human rights issues to the High Court for determination.
Inter-citizen rights
24.
The ICCPR recognises the inter-citizen rights. Each state party to the Covenant undertakes to ensure that any person whose rights are violated shall have an effective remedy no matter whether the violation has been committed by a public authority or a private citizen. The Ad Hoc Group can see no valid reason why such rights should be removed from the Bill. However, Members have noted the comments from professional, commercial and industrial organisations on this matter. A group states that unless the Government can speedily introduce specific legislation, on, for example, privacy and discrimination to supplement the relevant provisions in the Bill of Rights, the loose wording of the Covenant might encourage litigation between private citizens. Another group also holds a similar view. While endorsing the principle that inter-citizen rights are recognised in the ICCPR and therefore should be reflected in the Bill of Rights, the Ad Hoc Group recognises that the problems foreseen by the representations should not be overlooked. The Group urges the Administration to carefully consider the issue urgently and in detail.
Recommendation
The Ad Hoc Group in general supports the idea that the rights of action as between private individuals could be deferred for the time being and that Clause 7 of the draft Bill should be amended accordingly. However, in order to fulfil the objective of implementing the Bill of Rights in full, the Group also