This paper considers the role of HK courts and common law administrative law principles in combating encroachments on HK‘s rule of law from national security laws. The courts have two main roles. 1) Entrenching a position for themselves in the interpretation of Article 23. 2) Checking and balancing against the executive‘s enforcement and implementation of...
Tag: <span>Swati Jhaveri</span>
Reconstitutionalizing Politics in the Hong Kong Special Administrative Region of China
The Basic Law of Hong Kong proposes the eventual election of the legislature and chief executive by some form of universal suffrage. Achieving this requires consensus between the political branches in Hong Kong and the legislative body of the People‘s Republic of China. Although not a formal requirement, any democratisation efforts will also need buy-in...