A Storm of Unprecedented Ferocity: Shrinking Space for Political Rights, Public Demonstrations and Judicial Independence in Hong Kong
(2018) 16(2) International Journal of Comparative Constitutional Law 373-388
University of Hong Kong Faculty of Law Research Paper No. 048
18 Pages Posted: 27 Aug 2019 Last revised: 13 Oct 2019
Date Written: April 26, 2018
Abstract
As Hong Kong celebrated its twentieth anniversary of becoming a Special Administrative Region of China under the One Country, Two Systems model, the tension between the socialist/civil law system and the common law system on two sides of the border has become increasingly strenuous. The tension is most obvious in relation to the independence of the judiciary, and is aggravated by the rising economic power of China and the emergence of the so-called “localism” in Hong Kong. This article argues that the latest interpretation of the Basic Law by the Standing Committee of the National People’s Congress in the context of disqualifying a number of popularly elected legislators constituted the most blatant interference with judicial independence in Hong Kong. At the same time, the judiciary in Hong Kong is facing mounting challenges from demonstrators who tried to test the boundary of public demonstrations in the pretext of civil disobedience. The court has done well so far in defending the rule of law, but it has to secure its own institutional space within a shrinking public space, and is treading an ever-slippery path of maintaining the liberal values of the common law system amidst a rising and powerful authoritarian regime.
Keywords: right to peaceful assembly, civil disobedience, independence of the judiciary, interpretation of the Basic Law, Standing Committee of the National People's Congress, authoritarian regime, right to stand for election, oath of office
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