Government-Sponsored Religious Education in Hong Kong after the Catholic Diocese of Hong Kong v. Secretary for Justice

Abstract

This comment critically examines an important landmark case decided by the Hong Kong Court of Final Appeal, Catholic Diocese of Hong Kong v Secretary for Justice, which defined the relationship between the church and state in Hong Kong. Specifically, this Comment highlights the court’s problematic interpretation of article 143(3) of the Basic Law, which, while attempting to reach a pragmatic compromise between preserving the government’s flexibility to modify existing educational policy and safeguarding the freedom of religious organizations, is nevertheless inconsistent with the text. This comment also discusses the implications of the case on the state establishment of religion.