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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 ...
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.
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 ...
Judicial review in Hong Kong is conducted according to the Constitutional and Administrative Law List (Practice Direction 26.1). [1] It comprises two different aspects: firstly, judicial review of domestic ordinances as to their compatibility with the Basic Law ("constitutional review"); secondly, judicial review of administrative decisions under administrative law ("administrative review").
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 ...
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 ...
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 ...