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For Hong Kong to propose amendments, the amendments first need the support of two-thirds of the Hong Kong Legislative Council, two-thirds of the deputies representing Hong Kong in the National People's Congress, and the approval of Hong Kong's Chief Executive. All proposals needs to be reviewed by the Committee for the Basic Law of the Hong ...
Ng Ka Ling v Director of Immigration was a joint appeal of three cases decided in 1999 by Hong Kong's Court of Final Appeal (CFA). Chief Justice Andrew Li, in the Court's unanimous opinion, held that mainland-born children of Hong Kong permanent residents enjoyed the right of abode, regardless of whether one of their parents had acquired Hong Kong permanent residency at the time of birth of ...
HKSAR v. Lai Chee Ying was an appeal involving points of law by the Department of Justice over the decision of the Court of First Instance (CFI) to grant bail to the founder of Apple Daily Jimmy Lai. The Court of Final Appeal (CFA) reversed the CFI's interpretation of art.42(2) of the Hong Kong national security law.
LONDON/HONG KONG (Reuters) -The rule of law in Hong Kong is profoundly compromised in areas of the law where the government has strong opinions, a British judge who recently resigned from the top ...
These include cases around the Legislative Council oath-taking controversy, the Umbrella Movement, and the 2019–20 Hong Kong protests. [2] In addition, given the important nature of this position, the Judge entrusted with this role is often almost guaranteed to be elevated to the higher courts in the future. [3]
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 CFA, in accepting the NPCSC's authority to interpret the Basic Law, stated that it arose from Article 67(4) of the 1982 Constitution of the People's Republic of China. However, the CFA also stated that the NPCSC interpretation, being of judicial character, had a retrospective effect and was thus applicable from 1 July 1997.
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 ...