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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 ...
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]
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 ...
On Ground 2, the "implied repeal ground" the ERO was repealed by implication by the Hong Kong Bill of Rights Ordinance and/or the International Covenant on Civil and Political Rights (ICCPR) as applied in Hong Kong by the Basic Law. On Ground 3, the ERO cannot empower the Chief Executive to make any regulation restricting fundamental rights ...
Following the unfavourable ruling for the Director of Immigration in that case, the Chief executive of Hong Kong (then Tung Chee Hwa) sought and on 26 June 1999 obtained an interpretation of Articles 22(4) and 24(2)(3) of the Basic Law from the NPCSC. That interpretation referred to the Basic Law Preparatory Committee's legislative intent ...
Since the election and the term of the Chief Executive are regulated by the Basic Law, to settle the disputes, the Acting Chief Secretary filed a request for interpretation of the Basic Law to the PRC National People's Congress Standing Committee (NPCSC), amidst some oppositions to the request. On 27 April, the NPCSC interpreted Article 53 that
The Hong Kong Bill of Rights Ordinance… in fact provides for the incorporation of the provisions of the ICCPR into the laws of Hong Kong…. by virtue of art 39(2) of the Basic Law, a restriction on either freedom [in BORO or Basic Law] cannot contravene the provisions of the ICCPR”. —
The CA applied a purposive approach to interpreting BL 24(2)(4), and concluded that the three requirements therein for a non-Chinese national to become a permanent resident (entered Hong Kong with a valid travel document; has ordinarily resided in Hong Kong for a continuous period of not less than 7 years; and has taken Hong Kong as his place ...