Blog of the International Journal of Constitutional Law

Tag: Hong Kong Basic Law

  • Symposium |Constitutional Struggles in Asia | Part IV | The Hong Kong National Security Law: Challenging Constitutionalism in Hong Kong and Abroad

    [Editor’s Note: In light of recent constitutional (or some may say, unconstitutional) developments, I-CONnect is pleased to feature this timely symposium examining constitutional struggles in Asia. This is part IV of a five part series, in addition to the Introduction.] — Eva Pils, The Dickson Pool School of Law, King’s College London On 30 June 2020, the Standing Committee of the National People’s Congress enacted the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong S.A.R

  • Hong Kong’s Quasi-Constitutionalities: Part 1

    –P. Y. Lo, LLB (Lond.), Ph D (HKU), Barrister-at-law, Gilt Chambers, Hong Kong. Richard Albert and Joel Colón-Rios’ edited volume on Quasi-Constitutionality and Constitutional Statutes (Routledge 2019) considers a variety of means by which a statute can become or be treated as “entrenched”, “constitutionally significant” or otherwise having a “constitutional status”.

  • Perspectives on Hong Kong Constitutional Law–Views from Law Students

    Editors’ Note: We are pleased to feature these two posts on Hong Kong Constitutional Law, authored by students learning the subject under the supervision of Professor Rehan Abeyratne at the Chinese University of Hong Kong. Below, Professor Abeyratne first offers a brief introduction; the two student posts follow.

  • Two Kinds of Unconstitutional Constitutional Interpretations in China’s Hong Kong

    —Dr. P.Y. Lo, Barrister-at-law, Gilt Chambers, Hong Kong; Faculty of Law, The University of Hong Kong The taking of oaths by two members of the Legislative Council of the Hong Kong Special Administrative Region (HKSAR) of the People’s Republic of China (PRC) at the first meeting of the newly elected Legislative Council on 12 October 2016 and the ruling of the President of the Legislative Council on 18 October 2016 in respect of their acts have not only led to legal proceedings launched by the Chief Executive of the HKSAR and the Secretary for Justice on 18 October 2016 for declarations and injunctions against them on the ground that their purported oath taking had disqualified them from assuming office, but also the adoption of an interpretation by the PRC’s Standing Committee of the National People’s Congress (NPCSC) of Article 104 of the Basic Law of the HKSAR of the PRC, the provision of the HKSAR’s constitutional document on oath taking by officers ranging from the Chief Executive to principal officials of the executive authorities, legislators and judges when they assume office, on 7 November 2016, while the Court of First Instance (CFI) hearing those legal proceedings was considering its judgment. 

  • Legal Limits on Beijing’s Powers of Interpretation?

    [Cross-posted from HKU Legal Scholarship Blog. The original post, published on November, 3, 2016, appears here.] –Cora Chan, Hong Kong University There are speculations that Beijing’s National People’s Congress Standing Committee (NPCSC) will issue an interpretation of Hong Kong’s Basic Law to bar two legislators-elect in Hong Kong from taking office.

  • Hong Kong’s Constitutional Arrangements Aren’t Special

    –Alvin Y.H. Cheung, Visiting Scholar, U.S.-Asia Law Institute, NYU School of Law As political wrangling in Hong Kong continues over changes to how the city’s Chief Executive will be selected in 2017, Beijing marks the 25th anniversary of the promulgation of the Hong Kong Basic Law—the Special Administrative Region’s constitutional document. 

  • Does Hong Kong Need a Mayor?

    –Alvin Y.H. Cheung, Visiting Scholar, U.S.-Asia Law Institute, NYU School of Law It has been known for about two thousand years that it is impossible for one person to serve two masters. Unfortunately, this lesson was lost on the Drafting Committee of Hong Kong’s Basic Law.

  • Video Interview: Democratic Reform in Hong Kong Featuring Cora Chan

    —Richard Albert, Boston College Law School In this installment of our new video interview series at I-CONnect, I interview Cora Chan on the subject of democratic reform in Hong Kong. In the interview, we discuss recent developments in Hong Kong, the impetus for the current protests in Hong Kong, the constitutional relationship between Hong Kong and China, and the prospect for democratic reform in the region.