TNAG-2175-FCO40-3112-Hong-Kong-Bill-of-Rights-1990 — Page 26

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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 the Bill binds the Government and

all authorities and persons.

8.

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 contains an exception relating to immigration legislation.

12. Clause 12 contains an exception relating to the

deportation of persons not having the right of abode in Hong Kong.

Clause 13 provides that article 21 does not require the establishment of an elected Executive or Legislative Council.

13.

14. Clause 14(1) and (4) provides that existing legislation, and acts done under existing legislation, will be unaffected by the Bill of Rights for a period of 1 year after the commencement of the Ordinance resulting from the Bill.

After that period has ended, any

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