Monday, December 18, 2017

Richard Cullen on Hong Kong, the Chinese Anthem and the Basic Law (IPP Review)

"Hong Kong, the Chinese National Anthem and the Basic Law"
Richard Cullen
IPP Review
13 December 2017
Abstact: The history of the creation and use of the Chinese National Anthem is remarkable. Those who choose to direct scorn at the National Anthem when it is played at certain events in the Hong Kong likely have limited understanding, at best, of this intriguing history.
     The new National Anthem Law (NAL) will be applied in Hong Kong: (a) through reliance on Article 18 and Annex III of the Basic Law of the HKSAR; and (b) by local application. Although it is unlikely that the criminalizing provisions of new NAL will be applied retroactively in the Hong Kong, the exploration of that possibility shows how National People’s Congress Standing Committee laws properly added to Annex III for application in the HKSAR may enjoy a quasi-constitutional status in Hong Kong. The status of these Annex III laws within the HKSAR has, hitherto, been little researched.  Click here to read the full article.

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