Wednesday, January 22, 2020

Eric Ip on Constitutional Limits on States of Emergency under Article 18(4) of Hong Kong's Basic Law (Public Law)

"Hong Kong - Constitutional Limits on Emergency Powers amid the 2019 Crisis"
2020, Issue 182 
Abstract: This comment discusses the potential invocation of emergency powers by the Standing Committee of the National People's Congress over the Hong Kong Special Administrative Region pursuant to art.18(4) of the Basic Law to combat civil unrest; examines the constitutional and legal limits regarding their application; and demonstrates that art.18(4) or any other provision of the Basic Law offers no lawful authority to the Standing Committee to suspend the Basic Law itself, or the relevant provisions of the International Covenant on Civil and Political Rights as applied to Hong Kong, or the entire common law system of the Region, even temporarily, during a state of emergency.

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