TNAG-2176-FCO40-3113-Hong-Kong-Bill-of-Rights-1990 — Page 203

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allow opportunity to identify and amend existing incon-

sistent legislation.

4.

PROVIDING ADEQUATE MEANS TO PREVENT OR REMEDY VIOLA- TIONS

The Bill of Rights provides that "a violation

.

in relation to any person is actionable as a tort. Part

I, Section 6(1). While a remedy in tort may afford mone- tary compensation for a violation already committed, it

offers no means of enjoining an imminently threatened

violation or preventing further violations. A remedy in tort is also ineffective in many situations, including actions by governmental agencies restricting the exercise of such fundamental rights as freedom of association, speech, and deprivations threatened by such actions as

execution of the death penalty, or deportation without

legal counsel.

Although the Draft Bill of Rights binds the government and its agents under Part I, Section 7, it is unclear whether suits may lie against the Crown or any other executive authority. The right to seek interim and permanent injunctions against the government is essential to enforce governmental compliance with the obligations

of Part I, Section 7.

Moreover, Article 35 of the Basic

Law, which grants Hong Kong residents "the right to in- stitute legal proceedings in the courts against the acts

9