of the executive authorities and their personnel," fails to address the type of remedy to be granted in cases against the government. The vagueness of these provi- sions granting rights without remedies leaves Hong Kong residents without effective means of safeguarding their rights. The availability of suits against the government for injunctive and declaratory relief, as well as compen- satory damages in appropriate cases, should be set forth clearly, either in the Bill of Rights itself or in other laws such as the Hong Kong Crown Proceedings Ordinance.
Remedies provided in other Bills of Rights
enacted on behalf of other UK colonies and dependent territories provide a useful standard to be followed in
the Hong Kong Bill of Rights.
Such remedies grant a
private right of action to any person alleging that any protected right has been, is being, or is likely to be contravened, and vest original jurisdiction in the High Court to issue injunctive relief or compensatory damages
as appropriate.*
An example of an appropriate remedy is included in the Montserrat Bill of Rights which provides that:
(1)
If any person alleges that any of the foregoing provisions of this Part has been, is being or is likely to be contravened in relation to him, then, without prejudice to any other action with respect to the same matter which is law-
(Footnote continued)
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