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Home Analysis Hong Kong’s Quasi-Constitutionalities: Part 2

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  1. P Y Lo

    The Comilang CFA judgment has a number of legal consequences. One of them is that other exceptions in the same Part of the Hong Kong Bill of Rights Ordinance must be regarded as “constitutionally blessed” as well. This includes section 9, which provides particularly that “persons lawfully detained in penal establishments of whatever character are subject to such restrictions as may from time to time be authorized by law for the preservation of … custodial discipline”. Putting the matter in simple terms, it means that Hong Kong’s prison population cannot rely on any right or freedom guaranteed under Basic Law or Bill of Rights during the period of incarceration unless the right in question is the right against torture or cruel, inhuman or degrading treatment or punishment. One recent addition to the prison population in Hong Kong is Benny Tai, Associate Professor of Law of the University of Hong Kong and one of the founders of the Occupy Central social movement between 2013 and 2014.

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