Hong Kong in Transition: One Country, Two Systems (Routledge Studies in the Modern History of Asia)

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Seoul:Korea University Press. Reprint from Korea Observer 40 2 : Schak and Wayne Hudson. Honolulu: The University of Hawaii Press. London: Routledge. London: Ashgate. Vancouver: Institute for Asian Research. Yul Kwon and Bill Shepherd. London: E. Also appears in Asian Studies.

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Seoul: Arche. Reprinted from ournal of Technology Innovation Vol.

Seoul: Hanwool. The Institute for Social Development Studies. Cristina, Aulla B. August , September , June 4, Alberto E. Norbert College, US on May 27, Choi, Ph. Candidate UC at Irvine on April 29, Kim Colorado State University on March 27, Chad Futrell, Ph. Candidate Cornell University on December 4, Candidate New York University on November 20, Candidate UC at Berkeley on November 8, Candidate Indiana Univeristy on May 8, Taru Salmenkari University of Helsinki on April 17, The issues relating to the division of interpretive power between the NPCSC and the local courts over these provisions have been discussed in Section [I A ] above.

These are issues that will need to be considered in relation to both Articles 45 and See discussion in Jhaveri n While the courts have not yet taken this approach to Article 26, they have affirmed its importance and maintained that restrictions on such a right must be narrowly construed: see Chan Kin Sum n In this case, the court held that a fundamental right in terms of the constitutional guarantee of free elections through independent oversight by a judicial process is engaged, and that once the fundamental nature of the rights involved is appreciated, the inaptitude of the application of a strong margin of appreciation should be apparent.

Chan Kin Sum n 51 [] and []. As argued elsewhere — see Jhaveri n All persons are equal before the law and are entitled without any discrimination to the equal protection of the law.

In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. The identity of political rights — i.

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See also Chan Wah on indigenous voting rights n In particular, on the issue of functional constituencies and corporate voting. Indeed, this was the main barrier to awarding remedies in Lee Miu Ling. They have issued election petitions to challenge this, and the proceedings are ongoing. Under the Societies Ordinance or the Companies Ordinance.

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The Societies Officer may, after consultation with the secretary for security, refuse to register or to exempt from registration a society or a branch- a if he reasonably believes that the cancellation is necessary in the interests of national security or public safety, public order or the protection of the rights and freedoms of others emphasis added. Ss 5D and 8 contain similar provisions. Several pro-independence political parties face restricted access to the political arena for other reasons. The final resolution of these matters is pending. This is largely due to textual similarities.

Hong Kong in Transition : One Country, Two Systems

See ibid, ch 7 for a discussion of the courts preference for procedural over substantive grounds of judicial review in areas of high policy. A further issue for the applicants to consider is the possibility that the courts will hold that while there were issues with the consultation process, this had no impact on the final outcome of the consultation. The courts may therefore exercise their discretion and refuse to set aside or declare any consultation to be invalid.

Therefore, the applicants need to consider the precise scope of any declaratory relief. As discussed in Section II A , the courts felt that the scope of the declaratory relief that the applicants sought in Yvonne Leung and Kwok Cheuk Kin was too broad in its scope, especially in light of the absence of any impact of any perceived deficiency on the outcome of the consultation process.

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Accordingly, the precise scope of the declaratory relief sought needs to be carefully considered. This is an issue faced elsewhere — courts do take into account public inconvenience and expense and prejudice when considering whether to order a fresh consultation: see Moseley n and Project Blue Sky Inc v Australian Broadcasting Authority CLR See Tushnet , Mark , Weak Courts, Strong Rights — Judicial Review and Social Welfare Rights in Comparative Constitutional Law Princeton University Press , where the court takes a strong approach to interpretation but a weaker one in terms of remedial impact beyond the judgment in a particular case.

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Send article to Dropbox. Send article to Google Drive. Footnotes Hide All All. References Hide All. Basic Law, arts 45 and NPCSC n Oaths and Declarations Ordinance c 11 See Chan n See n 37 [20]—[22]. See n Kwok Cheuk Kin n 54 [26]. Legislative Council Ordinance c See Section II C 2. See Jhaveri n Chan Wah n See Jhaveri n 67