Wednesday, August 12, 2020

New Issue of Hong Kong Law Journal (Vol. 50 - Celebrating 50 Years of Legal Scholarship, Part 1 of 2020)

Vol. 50, Part 1 of 2020

Editor-in-Chief: Professor Rick Glofcheski
Associate Editor: Professor Albert Chen
Publisher: Sweet & Maxwell


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".

A Response to Infinger v Hong Kong Housing Authority — Same-sex Couples' Unequal Access to Public Housing in Hong Kong     Elizabeth Lui…35

Passenger Injuries in International Air Law: Case Law Development and Upcoming Questions for Hong Kong Courts     Jae Woon Lee…49

Judicial Striking-Down of Unconstitutional Legislation     Hon Mr Justice Kemal Bokhary GBM, NPJ…77


Human Arbitrators (the Undisputed Champion) v Robots (the Challenger)     Dan Wei and Gustavo Moser…215

50th Anniversary Feature Articles
Chinese Law and Legal Reform: Where to from Here?     Jianfu Chen…243 

China Law 

Book Review
Transparency Challenges Facing China     Michael Dowdle…343

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