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

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Title10 years of the basic law: the rise, retreat and resurgence of judicial power in Hong Kong
AuthorsYap, PJ
KeywordsLaw
International law
Issue Date2007
PublisherVathek Publishing. The Journal's web site is located at http://www.vathek.com/clwr/index.shtml
CitationCommon Law World Review, 2007, v. 36 n. 2, p. 166-191 [How to Cite?]
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.
ISSN1473-7795
SSRN1815883
DC Field
Value
dc.contributor.authorYap, PJ
dc.date.accessioned2010-04-12T01:28:11Z
dc.date.available2010-04-12T01:28:11Z
dc.date.issued2007
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.description.naturepublished_or_final_version
dc.identifier.citationCommon Law World Review, 2007, v. 36 n. 2, p. 166-191 [How to Cite?]
dc.identifier.epage191
dc.identifier.hkuros129043
dc.identifier.issn1473-7795
dc.identifier.issue2
dc.identifier.openurl
dc.identifier.spage166
dc.identifier.ssrn1815883
dc.identifier.urihttp://hdl.handle.net/10722/57172
dc.identifier.volume36
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