TNAG-2175-FCO40-3112-Hong-Kong-Bill-of-Rights-1990 — Page 177

6.

Clause 6 is concerned with the remedies in respect of a

violation or threatened violation of the Bill of Rights. Clause 6(1)

provides that any court or tribunal may, in proceedings within its

jurisdiction, grant such remedy or relief, or make such order, in

respect of a Bill of Rights violation as is within its powers and as

it considers appropriate and just.

7.

Clause 7 provides that, in general, the Bill binds the

Government and all authorities and persons. However, clause 7(3)

provides that article 14 (protection of privacy etc.) binds only the

Government, public authorities, public officers and employees of

public authorities.

8.

Under clause 7(4), the Governor in Council may

repeal clause 7(3), thereby making article 14 of general application.

Clause 8 contains the Hong Kong Bill of Rights, which

consists of 23 articles. These are expressed in the non-technical

language of the ICCPR. The Bill of Rights is, however, subject to

clauses 9 to 14.

9.

Clause 9 provides that members of the armed forces and

persons lawfully detained in penal establishments are subject to such

restrictions as may be authorized by law for the preservation of

service and custodial discipline.

10.

Clause 10 permits, in certain circumstances, the mixing of

adults and juveniles in prison.

11.

Clause 11 is a savings provision relating to immigration

legislation.

12.

Clause 12 relates to the deportation of persons not having

the right of abode in Hong Kong.

13.

Clause 13 provides that article 21 does not require the

establishment of an elected Executive or Legislative Council.

14. Clause 14(1) and (2) provides that pre-existing