2
2.
Proposed Amendment.
Amend Clause 6(2) to read:
"No proceedings shall be held to be outside the jurisdiction of any court or tribunal on the ground that they relate to the Bill of Right."
Existing Provisions
No proceedings shall be outside the jurisdiction of any court or tribunal on the ground that they relate to the Bill of Rights.
Remarks
This is a drafting improvement to prevent the argument that the
jurisdiction of
courts or tribunals should not be extended to cover BOR matters.
3.
037J
Amend Clause 11 to read:
"As regards persons not having the right to enter and remain in Hong Kong, this Ordinance does not affect any immigration legislation governing entry into, stay in and departure from Hong Kong, or the application of any such legislation."
This Ordinance is subject to any immigration legislation governing entry into, stay in and departure from Hong Kong as regards persons not having the right to enter and remain in Hong Kong.
This avoids giving the impression that immigration legislation is superior to the BOR.