TNAG-2323-FCO40-3367-Hong-Kong-Bill-of-Rights-Vietnamese-boat-people-1991 — Page 46

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

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Article 3

7. In 1977 the Guardianship of Minors Ordinance was enacted which provides both parents equal rights as to custody and maintenance of their children.

Article 4

8.

Under the Emergency Regulations Ordinance, the Governor in Council may on any occasion which he considers to be an occasion of emergency or public danger, make any regulations whatsoever which he may consider desirable in the public interest. Such regulations may provide for censorship, control and suppression of publications and communications; arrest, detention, exclusion and deportation; control of harbours, ports, territorial waters of the Colony. movements of vessels; transportation by land, air or water; trading, exportation, importation, production and manufacture; appropriation, control, forfeiture and disposition of property and use; amending, suspending the operation of and applying any enactment with or without modification; authorizing entry and search of premises; empowering such authorities or persons specified in the regulations to make orders and rules etc; charging fees in respect of licences permits, etc; taking possession or control of any property or undertaking on behalf of the Governor; requiring persons to do work or render service; payment of compensation and remuneration to persons affected by the regulations and the determination of such compensation; and the apprehension, trial and punishment of persons offending against the regulations or any law in force in Hong Kong.

9. Despite the very wide powers given to the Governor in Council. there is subsidiary legislation made under this Ordinance which regulates the exercise of these powers. The Committee can further be assured that the power under the Ordinance will not be exercised capriciously and that there will be no derogation from Articles 6 7, 8 (paragraphs 1 and 2) 11. 15, 16 and 18.

Article 6

Paragraph 1

10. Under the Law Amendment and Reform (Consolidation) Ordinance. Chapter 23 of the Laws of Hong Kong, on the death of any person, all causes of action subsisting against or vested in him shall survive against, or as the case may be, for the benefit of his estate. The legislation applies to claims in respect of personal injuries and rests the action in the personal representative of the deceased.

11. The Fatal Accidents Ordinance 1986 implemented certain recommendations made by the Law Reform Commission in its report entitled "Damages for Personal Injuries and Death". These included the abolition of the actions for damages for loss of expectation of life and for loss of society and service and their replacement by a

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