}
Textual amendments to the BOR agreed with LegCo. Ad Hoc Group
i
1.
(1)
Proposed Amendment
Amend Clause 6(1) to read:
"A court or tribunal:
in proceedings within its jurisdiction in an action for breach of this Ordinance; and
(ii) in other proceedings within its jurisdiction in which a violation or threatened. violation of the Bill of Rights is relevant,
may grant such remedy or relief, or make such order, in respect of such a breach, violation or threatened violation as it has power to grant or make in those proceedings and as it considers appropriate and just in the circumstance."
Existing Provision
A court or tribunal, in proceedings within its jurisdiction in which a violation or threatened violation of the Bill of Rights is relevant (including proceedings in an action for breach of this Ordinance), may grant such remedy or relief, or make such order, in respect of that violation or threatened violation as it has power to grant or make in those proceedings and as it considers appropriate and just in the circumstances.
Remarks
There is a drafting improvement to make it clear that separate actions brought directly for breach of the BOR and other
proceedings in which the BOR is relevant are permissible.