Vol. 50, Part 1 of 2020
Editor-in-Chief: Professor Rick Glofcheski
Associate Editor: Professor Albert Chen
Publisher: Sweet & Maxwell
TABLE OF CONTENTS
HKLJ Turns 50 Rick Glofcheski…1
Birth of the Hong Kong Law Journal Henry Litton CBE, GBM…5
A Strained Interpretation of Art 22 of the Basic Law Johannes Chan…7
In a highly controversial statement, the Liaison Office of the Central People's Government in Hong Kong claimed that it is not "a department of the Central People's Government" within the meaning of art 22 of the Basic Law and hence not subject to the constitutional restraint of non-interference with the internal affairs of Hong Kong. The statement has received support from the Hong Kong and Macau Affairs Office and the Chief Executive of the Hong Kong Special Administrative Region, but has aroused widespread concern on the extent of the autonomy of Hong Kong under the Basic Law. This article argues that the view of the Liaison Office is untenable, and may represent a change of policy towards Hong Kong.
The Logical Foundations of Judicial Review of Legislation in the Hong Kong Special Administrative Region Eric C Ip…19
This Analysis demonstrates in the simplest manner that the Basic Law of the Hong Kong Special Administrative Region could not have authorised the courts it established to enforce non-applicable laws that violate itself. This lack of judicial authority to enforce laws inconsistent with the Basic Law cannot in itself be curtailed, even by a Standing Committee Interpretation without contradiction. Nor can the courts' obligation to ascertain the consistency of primary and subsidiary legislation with the Basic Law be prohibited by such an Interpretation without reducing the Basic Law into a non-justiciable paper tiger. Judicial enforcement of the Basic Law does not imperil Chinese sovereignty; if anything, it enhances the reputation and credibility of the Basic Law, the centre-piece of "One Country, Two Systems".
Judicial Striking-Down of Unconstitutional Legislation Hon Mr Justice Kemal Bokhary GBM, NPJ…77
The Two Giants of the Post-war High Court of Australia Andrew D Clarke…85
Chinese Law and Legal Reform: Where to from Here? Jianfu Chen…243
Third Party Rights and Insurer's Defences in Liability Insurance in Chinese Law and Judicial Practice Zhen Jing and Liang Zhao…275
Transparency Challenges Facing China Michael Dowdle…343