TNAG-2177-FCO40-3114-Hong-Kong-Bill-of-Rights-1990 — Page 51

of Rights provides cause for an independent private right of action. At the very least, the remedies section should provide for an action in tort for violations of the Bill of Rights. Furthermore, the section should also empower the courts to grant appropriate remedies, including injunctive relief and damage

awards.

As noted in the Law Group's previous memorandum,

although the Draft Bill of Rights binds the government and its agents under Part I, Section 7, it is unclear whether private actions may lie against the U.K./Hong Kong Government (Hong Kong Government) or any other executive authority for breaches of the

Bill of Rights. Such a private 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, it is unclear whether the type of remedy to

be granted in cases against the government includes compensatory

as well as injunctive relief. The availability of suits against

the government for injunctive and declaratory relief, as well as compensatory damages in appropriate cases, should be set forth clearly in the law. Such clarification should be provided in

either the Bill of Rights itself or other laws such as the Hong

Kong Crown Proceedings Ordinance.

3.

Providing for private actions against private parties for breach of Article 14

The ability of an individual to seek a remedy against a private party (i.e., non-governmental) for violation of rights

6