The Law Group proposes the Schedule be limited in duration to six months, or at most a year, and allow for only a one-time renewal of an exemption. The Bill should further
require that any legislative request for an exemption be
accompanied by a justification to the public of why the Legislative Council has been unable to reform the law within the period provided. In addition, the Law Group finds it imperative that the proposed Schedule, which as of this writing is yet
unpublished, be made public immediately for review and comment.
2. Providing adequate means to prevent or remedy violations
The vagueness of provisions granting rights without
remedies in the Bill of Rights Bill leaves Hong Kong residents
The Hong without effective means of safeguarding their rights.
Kong Bill of Rights Bill 1990 removes former Section 6(1) which
provided that "a violation in relation to any person is
actionable as a tort." In its June memorandum, the Law Group
noted that the provision was inadequate since it offered no means of enjoining an imminently threatened rights violation or preventing further violations. However, with the deletion of Section 6(1) altogether, the remaining language in Section 6
offers even less guidance in determining the scope of remedies
available to an individual seeking relief for a cause of action
under the Bill of Rights.
In order to adequately protect and enforce rights
recognized under the Bill, the Section should state in unequivocal terms the principle that a violation under the Bill
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