TNAG-2172-FCO40-3109-Hong-Kong-Bill-of-Rights-1990 — Page 157

Clause 6

-

CONFIDENTIAL

9

Remedies for contravention of Bill of Rights

18.

Courts can act if a breach of the Bill of Rights

has happened or is about to happen. For example, a court

may be able to stop someone committing a breach, or to

cancel the effect of some action that was

court

-

a breach. Every

the

High Court, District Court

and Magistrates

-

Court may act in this way, as well as tribunals that are

not courts.

19.

Also, a breach of the Bill of Rights is not a

crime but a civil wrong called a tort. Thus, if there is a

breach of the Bill of Rights, the person who was affected

for example, sue in the courts for monetary

can,

compensation.

Clause 7

-

Binding effect of Ordinance

20.

When the

The Ordinance will apply to everyone, including

the government.

people in Hong Kong, or when

dealings with another, they

breaching the Bill of Rights.

government has dealings with

one person in Hong Kong has

are

prohibited by law from

CONFIDENTIAL