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HONG KONG BILL OF RIGHTS

    PART III

    EXCEPTIONS AND SAVINGS

    9. Armed forces and persons detained

    in penal establishments

    Members of and persons serving with the armed forces of the government responsible for the foreign affairs of Hong Kong and persons lawfully detained in penal establishments of whatever character are subject to such restrictions as may from time to time be authorized by law for the preservation of service and custodial discipline.

    10. Juveniles under detention

    Where at any time there is a lack of suitable prison facilities or where the mixing of adults and juveniles is mutually beneficial, article 6(2)(b) and (3) does not require juveniles who are detained to be accommodated separately from adults.

    11. Immigration legislation

    As regards persons not having the right to enter and remain in Hong Kong, this Ordinance does not affect any immigration legislation governing entry into, stay in and departure from Hong Kong, or the application of any such legislation.

    12. Persons not having the right of abode

    Article 9 does not confer a right of review in respect of a decision to deport a person not having the right of abode in Hong Kong or a right to be represented for this purpose before the competent authority.

    13. Executive and Legislative Councils

    Article 21 does not require the establishment of an elected Executive or Legislative Council in Hong Kong.

    14. Temporary savings

    (1) For a period of 1 year beginning on the commencement date, this Ordinance is subject to the Ordinances listed in the Schedule.

    (2) This Ordinance does not affect -

    (a) any act done (including any act done in the exercise of a discretion); or

    (b) any omission authorized or required, or occurring in the exercise of a discretion,

    before the first anniversary of the commencement date, under or by and Ordinance listed in the Schedule.

    (3) The Legislative Council may before the first anniversary of the commencement date by resolution amend this section for all or any of the following purposes -

    (a) to provide that, for a period of 1 year beginning on the first anniversary of the commencement date, this Ordinance is subject to such of the Ordinances listed in the Schedule as are specified in the amendment;

    (b) to provide that this Ordinance does not affect -

    (i) any act done (including any act done in the exercise of a discretion); or

    (ii) any omission authorized or required, or occurring in the exercise of a discretion,

    before the second anniversary of the commencement date, under or by any Ordinance listed in Schedule that is specified in the amendment; and

    (c) to repeal this subsection.

    (4) In this section, a reference to an Ordinance includes a reference to any subsidiary legislation made under that Ordinance.

    (5) This section operates notwithstanding section 3.

    SCHEDULE [s. 14]

    PROVISIONS TO WHICH SECTION 14(1) AND (2) APPLIES

    Immigration Ordinance (Cap. 115)

    Societies Ordinance (Cap. 151)

    Crimes Ordinance (Cap. 200)

    Prevention of Bribery Ordinance (Cap. 201)

    Independent Commission Against Corruption Ordinance (Cap. 204)

    Police Force Ordinance (Cap. 232)