TNAG-2174-FCO40-3111-Hong-Kong-Bill-of-Rights-1990 — Page 126

Interpre:a- tion.

and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the foregoing provisions of this Chapter to the protection of which the person concerned is entitled:

Provided that the Supreme Court shall not exercise its powers under this subsection if it is satisfied that adequate means of redress are or have been available to the person concerned under any other law.

(3) If, in any proceedings in any court established for Bermuda other than the Supreme Court or the Court of Appeal, any question arises as to the contravention of any of the foregoing provisions of this Chapter, the court in which the question has arisen shall refer the question to the Supreme Court unless, in its opinion, the raising of the question is merely frivolous or vexatious.

(4) An appeal shall lie as of right to the Court of Appeal from any final determination of any application or question by the Supreme Court under this section, and an appeal shall lie as of right to Her Majesty in Council from the final determination by the Court of Appeal of the appeal in any such case:

Provided that no appeal shall lie from a determination by the Supreme Court under this section dismissing an application on the ground that it is frivolous or vexatious.

(5) The Legislature may by law confer upon the Supreme Court such powers in addition to those conferred by this section as may appear to be necessary or desirable for the purpose of enabling the Court more effectively to exercise the jurisdiction conferred upon it by this section. (6) The Legislature may by law make, or provide for the making of, provision with respect to the practice and procedure-

(a) of the Supreme Court in relation to the jurisdiction and powers

conferred upon it by or under this section;

(b) of the Supreme Court or the Court of Appeal in relation to appeals under this section from determinations of the Supreme Court or the Court of Appeal; and

(c) of other courts in relation to references to the Supreme Court

under subsection (3) of this section ;

including provision with respect to the time within which any applica- tion, reference or appeal shall or may be made or brought.

16.—(1) In this Chapter, unless it is otherwise expressly provided or required by the context-

"contravention" in relation to any requirement includes a failure to comply with that requirement, and cognate expressions shall be construed accordingly;

"court means any court of law having jurisdiction in Bermuda, including Her Majesty in Council, but excepting, save in sections 2 and 4 of this Constitution, a court constituted by or under disciplinary law;

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"

disciplinary law mesos a law regulating the discipline of any disciplined force;

"disciplined force " means-

(a) a naval, military or air force;

(b) any police force of Bermuda ; (c) the prison service of Bermuda ;

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