TNAG-2175-FCO40-3112-Hong-Kong-Bill-of-Rights-1990 — Page 232

ANNEX A

(1)

Where, in the course of proceedings within its jurisdiction, a court or tribunal is satisfied that there has been a violation, or there is a threatened violation, of

the Bill of Rights as respects any matter relevant to the proceedings, it may grant such remedy or relief, or make such order in respect of such violation or threatened

violation, as it has power to grant or make in the

proceedings and as it considers appropriate and just in the

circumstances.

[(2) Without prejudice to sub-section (1) of this section,

the Supreme Court:-

(a) shall have original jurisdiction to hear and

determine any complaint by a person of a violation or

threatened violation of the Bill of Rights; and

(b)

may require any [subordinate court] to refer to the Supreme Court any matter before such [subordinate court] in which it is alleged that there is a violation

or a threatened violation of the Bill of Rights;

and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of securing compliance with the provisions of the Bill of

Rights:

Provided that the Supreme Court shall not exercise its powers under this sub-section, if it is satisfied that adequate means of redress are, or have been, available

to the person concerned under any other law.]

(3) [Express power to make rules of court for the purposes

of sub-section (2).]

2PFABP/1