File Download
  Links for fulltext
     (May Require Subscription)
Supplementary

Article: 10 years of the basic law: the rise, retreat and resurgence of judicial power in Hong Kong

Title10 years of the basic law: the rise, retreat and resurgence of judicial power in Hong Kong
Authors
KeywordsLaw
International law
Issue Date2007
PublisherVathek Publishing. The Journal's web site is located at http://www.vathek.com/clwr/index.shtml
Citation
Common Law World Review, 2007, v. 36 n. 2, p. 166-191 How to Cite?
Abstract
Since the National People's Congress Standing Committee's (NPCSC) reversal of the Court of Final Appeal's abrasive decision of Ng Ka Ling, the court has become cognizant of the repercussions of its decisions and has now adopted a pragmatic view toward its adjudicatory role. Where decisions implicate the validity of Mainland Chinese laws or NPCSC decisions, the court would always defer to the central government. Notwithstanding the court's recognition of the supremacy of the NPCSC, the court has remained very diligent in preserving its prerogative as the primary interpreter of the Basic Law. Where disputes concern alleged human rights violations that have no People's Republic of China (PRC) implications but have law and order implications in Hong Kong, the courts are generally conservative so as to afford the legislature or the executive much latitude in maintaining peace and stability. With regard to disputes with neither NPCSC nor domestic law and order implications, the court is confident that any political backlash against an adverse decision would be minimal; in these instances, the court is therefore more conscious of avoiding the austerity of tabulated legalism and is enthused about providing a generous interpretation of the Basic Law.
Persistent Identifierhttp://hdl.handle.net/10722/57172
ISSN
SSRN

 

DC FieldValueLanguage
dc.contributor.authorYap, PJ-
dc.date.accessioned2010-04-12T01:28:11Z-
dc.date.available2010-04-12T01:28:11Z-
dc.date.issued2007-
dc.identifier.citationCommon Law World Review, 2007, v. 36 n. 2, p. 166-191-
dc.identifier.issn1473-7795-
dc.identifier.urihttp://hdl.handle.net/10722/57172-
dc.description.abstractSince the National People's Congress Standing Committee's (NPCSC) reversal of the Court of Final Appeal's abrasive decision of Ng Ka Ling, the court has become cognizant of the repercussions of its decisions and has now adopted a pragmatic view toward its adjudicatory role. Where decisions implicate the validity of Mainland Chinese laws or NPCSC decisions, the court would always defer to the central government. Notwithstanding the court's recognition of the supremacy of the NPCSC, the court has remained very diligent in preserving its prerogative as the primary interpreter of the Basic Law. Where disputes concern alleged human rights violations that have no People's Republic of China (PRC) implications but have law and order implications in Hong Kong, the courts are generally conservative so as to afford the legislature or the executive much latitude in maintaining peace and stability. With regard to disputes with neither NPCSC nor domestic law and order implications, the court is confident that any political backlash against an adverse decision would be minimal; in these instances, the court is therefore more conscious of avoiding the austerity of tabulated legalism and is enthused about providing a generous interpretation of the Basic Law.-
dc.languageeng-
dc.publisherVathek Publishing. The Journal's web site is located at http://www.vathek.com/clwr/index.shtml-
dc.relation.ispartofCommon Law World Review-
dc.rightsCreative Commons: Attribution 3.0 Hong Kong License-
dc.subjectLaw-
dc.subjectInternational law-
dc.title10 years of the basic law: the rise, retreat and resurgence of judicial power in Hong Kong-
dc.typeArticle-
dc.identifier.openurlhttp://library.hku.hk:4550/resserv?sid=HKU:IR&issn=1473-7795&volume=36&issue=2&spage=166&epage=191&date=2007&atitle=10+years+of+the+basic+law:+the+rise,+retreat+and+resurgence+of+judicial+power+in+Hong+Kong-
dc.identifier.emailYap, PJ: pjyap@hku.hk-
dc.description.naturepublished_or_final_version-
dc.identifier.doi10.1350/clwr.2007.36.2.166-
dc.identifier.hkuros129043-
dc.identifier.volume36-
dc.identifier.issue2-
dc.identifier.spage166-
dc.identifier.epage191-
dc.identifier.ssrn1815883-

Export via OAI-PMH Interface in XML Formats


OR


Export to Other Non-XML Formats