Blog of the International Journal of Constitutional Law

Tag: Hong Kong Special Administrative Region

  • 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

  • Constitutional “Vaccination”: China’s National Security Law-Making for Hong Kong

    —P. Y. Lo, LLB (Lond.), PhD (HKU), Barrister-at-law, Gilt Chambers, Hong Kong A cartoon appeared in the US press several months ago, probably before COVID-19 was declared as a pandemic, with this caption: ‘That’s odd: My Facebook friends who were constitutional scholars just a month ago are now infectious disease experts …’.

  • 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.

  • Hong Kong’s Unique “Co-Location” Arrangement

    —Dr. P. Y. Lo, Barrister-at-law, Gilt Chambers, Hong Kong; Faculty of Law, The University of Hong Kong As Spain contemplates resuming direct rule over Catalonia, an autonomous region of Spain, by invoking the nuclear provision of Article 155 of the Spanish Constitution in October 2017, [1] at the other side of the Globe, Hong Kong, a Special Administrative Region of China, contemplates petitioning the Chinese Central Authorities for a grant of power to enable it to enact legislation to regard one part of Hong Kong as outside Hong Kong’s territory and jurisdiction, so that a simultaneous decision of the Chinese Central Authorities would authorize the stationing of Chinese officers and sanction the application of Chinese laws and jurisdiction to the same part of Hong Kong.

  • 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. 

  • The Crisis of Judicial Independence in Hong Kong

    —Wilson Yuen, MA (University of Chicago, ’16), JD (The University of Hong Kong, ’12), BA (University of California, Los Angeles ’10) In the 2016 Legislative Council (LegCo) General Election, Youngspiration, one of the political parties founded after the 2014 “umbrella revolution,” managed to send Mr.