TNAG-2177-FCO40-3114-Hong-Kong-Bill-of-Rights-1990 — Page 76

The Law Group proposes the Schedule be limited in duration to six months, or at most a year, and allow for only a one-time zenewal of an exemption. The Bill should further require that any legislative request for an exemption be accompanied by a justification to the public of why the

Legislative Council has been unable to reform the law within the

period provided. In addition, the Law Group finds it imperative that the proposed Schedule, which as of this writing is yet unpublished, be made public immediately for review and comment.

2.

Providing adequate means to prevent or remedy violations

The vagueness of provisions granting rights without

remedies in the Bill of Rights Bill leaves Hong Kong residents

without effective means of safeguarding their rights.

The Hong

Kong Bill of Rights Bill 1990 removes, former Section 6(1) which

provided that "a violation in relation to any person is

actionable as a tort." In its June memorandum, the Law Group

noted that the provision was inadequate since it offered no means

of enjoining an imminently threatened rights violation or

preventing further violations.

However, with the deletion of

Section 6(1) altogether, the remaining language in Section 6

offers even less guidance in determining the scope of remedies

available to an individual seeking relief for a cause of action

under the Bill of Rights.

In order to adequately protect and enforce rights

recognized under the Bill, the Section should state in

unequivocal terms the principle that a violation under the Bill

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