TNAG-2327-FCO40-3371-Hong-Kong-Bill-of-Rights-implementation-and-conferences-1991 — Page 14

(6)

(ii)

(b)

on the service upon the Director of Immigration and the filing with the Registrar of a notice by the judgment creditor or claimant advising that the order is no longer required.

The judgment creditor or claimant shall serve and file the notice mentioned in paragraph (a) (ii) as soon as reasonably possible after the order is no longer required.

A copy of an order under subsection (1) and any other order ancillary thereto shall be served on the Director of Immigration, the Commissioner of Police and, if he can be found, the judgment debtor or person against whom the claim is made.

(7) Where the Court makes an order under subsection (1) prohibiting a person from leaving Hong Kong, any person who, having been served with a copy of the order or otherwise informed of its effect, attempts to leave Hong Kong in contravention of that order may be arrested by any immigration officer, police officer or bailiff.

(8)

(a)

A person arrested under subsection (7) shall be brought before the Court before the expiry of the day after the day of arrest and the Court may -

(i)

(ii)

(iii)

in the case mentioned in subsection (1) (a), make such order, for the examination or imprisonment of that person, under the Rules of the Supreme Court, as is appropriate;

in the case of any other person, make an order for the imprisonment of that person until the lapse or discharge of the prohibition order; or

in any case, make an order discharging that person from arrest either absolutely or upon compliance with such conditions as the Court thinks fit.

(b)

Section 71 of the Interpretation and General Clauses Ordinance shall not apply to this subsection.

These provisions are identical to those of section 21B (1) to (8) of the Supreme Court

Ordinance (cap. 4).

It is clear that the purpose of the Ordinance is to incorporate into the domestic law of Hong Kong certain of the provisions of the International Covenant on Civil and Political Rights (ICCPR) as applied to Hong Kong. Speaking of the Bermudan Constitution, which incorporates a Bill of Rights, Lord Wilberforce said that it should be given:

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