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The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China is a ... In the NPCSC interpretation to the Basic Law adopted on ...
The Hong Kong Bar Association said it was "deeply concerned" about the reports of the interpretation of the Basic Law earlier, saying it would "deal a severe blow to the independence of the judiciary and the power of final adjudication of the Hong Kong court", if the NPCSC insisted on interpreting the Basic Law before the court's final ruling ...
The NPCSC interpreted the Basic Law of Hong Kong in accordance with the position taken by the Hong Kong government with respect to the eligibility of permanent residency in Hong Kong. In 2014, the NPCSC set rules for the election of the chief executive of Hong Kong, a decision that was widely opposed by the pro-democracy camp and led to the ...
Hence, the laws in force are in hierarchical order are The Hong Kong Basic Law; legislation in force before 1 July 1997 that was adopted as laws of the HKSAR by the Standing Committee of the National People's Congress; laws enacted by the Legislative Council of Hong Kong after 1997; and PRC laws listed in Annex III to the Basic Law and applied ...
Article 53 of the Basic Law stipulates that a new Chief Executive shall be selected within six months in accordance with the provisions of Article 45 of this Law. Interpretation of the term of the Chief Executive became a part of a legal dispute in 2005 after the resignation of then-Hong Kong Chief Executive, Tung Chee-Hwa. The question arose ...
The British and Chinese governments entered negotiations over the future of Hong Kong in the early 1980s and agreed on the Sino-British Joint Declaration in 1984. [13] The basic principles for the right of abode are set as part of this treaty [14] and further defined in the Hong Kong Basic Law, [15] which encompass the right to land with the added entitlement that a bearer cannot be deported.
In Rao's opinion the NPCSC had already clearly explained Article 24 of the Basic Law in its 1999 interpretation in the aftermath of Ng Ka Ling v. Director of Immigration, and in particular had established that the Hong Kong government had the right to use the Immigration Ordinance to control who gained the right of abode in Hong Kong. [62]
While Hong Kong retains the common law system, the Standing Committee of the National People's Congress of China has the power of final interpretation of national laws affecting Hong Kong, including the Basic Law, and its opinions are therefore binding on Hong Kong courts on a prospective and often retrospective basis and may not be in line ...