crutiny of all legislation inconsistent with the Bill of Rights.
The question whether sections 3 and 7 are intended to operate as basically independent
provisions or whether they are mutually dependent can be tested by a hypothetical but not
wholly unrealistic scenario. Mr. Chan is the sole proprietor of a prosperous business,
conducted from offices in Hong Kong, based on a factory in Shenzhen and dependent upon
raw materials supplied from various countries. Mr. Chan spends much of his time travelling
between his home and offices in Hong Kong and his factory, as well as his customers
overseas. Due to an oversight, he fails to deal with a disputed claim for $5,000 by one of his customers ("Mr. Wong"), who duly obtains an award from the Small Claims Tribunal,
and a Prohibition Order from a District Judge, because awards of the Small Claims Tribunal
are enforceable in the District Court. Totally ignorant of all these forensic steps, Mr Chan
proceeds to Kai Tak airport. He checks in for a flight to Europe; pays his departure tax; says
farewell to his friends and family; and proceeds to one of the counters manned by immigration officers. It is then 11:00 p.m. For the first time, he learns of the existence of the Prohibition Order, but he is unable to comply with the conditions attached to the order because they require cash payment of the judgment debt plus interest plus costs. His personal cheque on an account with a substantial balance is unacceptable. His gold watch, worth $25,000, is not regarded as sufficient security for the judgment debt because the immigration officer has no means of knowing its real value. It could be a fake obtained in some bazaar. Mr. Chan insists upon being allowed to board the aircraft. He is then arrested, and forced to spend a night in a hotel with the court's bailiff until he is brought before a District Judge. He complains bitterly about his treatment and his substantial economic loss. The judge explains that the prohibition order was validly made because it was sought by Mr. Wong, who
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