(1) If any person alleges that any of the provisions of section 3
to 17 (inclusive) has been, is being or is likely to be contravened in relation
to him (or, in the case of a person who is detained, if any other person alleges
such a contravention in relation to the detained person), then, without
prejudice to any other action with respect to the same matter that is lawfully
available, that person (or that other person) may apply to the High Court for
redress.
(2) The High Court shall have original jurisdiction-
a) to hear and determine any application made by any person in pursuance of
subsection (1); and
b) to determine any question arising in the case of any person that is
refereed to it in pursuance of subsection (3)
and may make such declarations and orders, issue such writs and give such
directions as it may consider appropriate for the purpose of enforcing or
securing the enforcement of any of the provisions of section 3 to 17
(inclusive):
Provided that the High Court may decline to exercise its powers under this
subsection if it is satisfied that adequate means of redress for the
contravention alleger are or have been available to the person concerned under
any other law.
(3) If in any proceedings in any court (other than the Court of Appeal or the
High Court or a court-martial) any question arises as to the contravention of
any of the provisions of section 3 to 17 (inclusive), the person presiding in
that court may and, if any party to the proceedings so requests, shall refer the
question to the High Court unless, in his opinion, the rasing of the question is
merely frivolous or vexatious.
(4) Where any question is referred to the High Court in pursuance of
subsection (3), the High Court shall give its decision upon the question and the
court in which the question arose shall dispose of the case in accordance with
that decision or, if that decision is the subject of an appeal to the Court of
Appeal or to Her Majesty in Council, in accordance with the decision of the
Court of Appeal or, as the case may be, of Her Majesty in Council.
(5) The High Court shall have such powers in addition to those conferred by
this section as may be conferred upon it by the legislature for the purpose of
enabling it more effectively to exercise the jurisdiction conferred upon it by
this section.
(6) The Chief Justice may make rules with respect to the practice and
procedure of the High Court in relation to the jurisdiction and powers conferred
on it by or under this section (including rules with respect to the time within
which applications may be brought and references shall be made to the High
Court).