TNAG-2327-FCO40-3371-Hong-Kong-Bill-of-Rights-implementation-and-conferences-1991 — Page 12

3.

6.

Effect on pre-existing legislation

(1)

All pre-existing legislation that admits of a construction consistent with this Ordinance shall be given such a construction.

(2)

All pre-existing legislation that does not admit of a construction consistent with this Ordinance is, to the extent of the inconsistency, repealed.

Remedies for contravention of Bill of Rights.

(1)

A court or tribunal

(a)

in proceedings within its jurisdiction in an action for breach of this Ordinance; and

(b)

in other proceedings within its jurisdiction in which a violation or threatened violation of the Bill of Rights is relevant,

may grant such remedy or relief, or make such order, in respect of such a breach, violation or threatened violation as it has power to grant or make in those proceedings and as it considers appropriate and just in the circumstances.

(2)

No proceedings shall be held to be outside the jurisdiction of any court

or tribunal on the ground that they relate to the Bill of Rights.

7.

Binding effect of Ordinance

(1)

This Ordinance binds only -

(a)

the Government and all public authorities; and

(b)

any person acting on behalf of the Government or a public authority.

(2)

In this section -

"person" includes any body of persons, corporate or unincorporate.'

Although this issue turns upon the proper construction of section 7, it is useful to bear in mind the material provisions of the statute which is under scrutiny in this case. They are:-

* 52E. (1) The Court shall have jurisdiction to make an order prohibiting a person

from leaving Hong Kong ( a prohibition order) to facilitate the enforcement, securing or pursuance of

(a)

(b)

a judgment against that person for the payment of a specified sum of money?

a judgment or order against that person -

(i)

for the payment of an amount to be assessed; or

(ii)

requiring him to deliver any property or perform any other act;

or

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