TNAG-2174-FCO40-3111-Hong-Kong-Bill-of-Rights-1990 — Page 125

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is satisfied that it will be practicable to hold that election within seven days of the making of the proclamation of emergency; and (b) if the Governor is so satisfied, he shall (instead of summoning the Houses so referred to to meet within five days of the making of the proclamation) summon the Houses of the new Legislature to meet as soon as practicable after the holding of that election. (5) A proclamation of emergency shall, unless it is sooter revoked by the Governor, cease to be in force at the expiration a period of fourteen days beginning on the date on which it was made or such longer period as may be provided under subsection (6 of this section, but without prejudice to the making of another proclamation of emergency at or before the end of that period.

(6) If at any time while a prociamation of emergency is in force (including any time while it is in force by yue of the provisions of this subsection) a resolution is passed by ch House approving its continuance in force for a further period, not exceeding three months, beginning on the date on which it would otherwise expire, the proclama. tion shall, if not sooner revoked, continue in force for that further period.

(7) Where any person is lawfully detained in pursuance only of such a law as is referred to in subsection (2) of this section-

(a) he may from time to time request that his case shall be reviewed under paragraph (b) of this subsection but, where he has made such a request during the period of that detention, no subsequent request shall be made during that period before the expiration of six months from the making of the previous request; and (b) where a request is made under paragraph (a) of this subsection, the case shall within one month of the making of the request be reviewed by an independent and impartial tribunal established by law and presided over by a person appointed by the Chief Justice.

(8) On any review by a tribunal in pursuance of subsection (7) of this section of the case of a detained person, the tribunal may make recommendatis concerning the necessity or expediency of continuing his detention to the authority by which it was ordered but unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with such recommendations.

(9) The functions conferred upon the Governor by this section shall be exercised by him after consultation with the Government Leader: Provided that if in the judgment of the Governor it is impracticable for him to consult with the Government Leader, those functions shall be exercised by the Governor acting in his disenation.

15. (1) If any person alleges that any of the foregoing provisions of Enforcement this Chapter has been, is being or is likely to be contravened in relation of to him, then, without prejudice to any other action with respect to the same matter which is lawfully available, that person may apply to the Supreme Court for redress.

(2) The Supreme Court shall have original jurisdiction-

(a) to hear and determine any application made by any person in

pursuance of subsection (1) of this section; and

(b) to determine any question arising in the case of any person which

is referred to it in pursuance of subsection (3) of this section,

fundamental rights.

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