Hong Kong Law: Geoffrey Ma – 25 years with the Basic Law

On By bfIn Law, Uncategorized, Your Application

It’s a great idea to know a little bit about your local legal system (and maybe it’s history as well) to evidence that you’re interested in studying law.

  • Basic Law 1990, took effect in 97
  • Unique nature of HK recognised through 1 country 2 systems:
    • 1. brings the CONCEPT of independent judiciary (socialist philosophy – people rule)
    • 2. Continuity of institutions that served – concept of independent judiciary
    • 3. Independent rights and freedoms of HK – Hk to remain as common law jurisdiction like UK USA AUS – HR, article 31 – art 158, NPC has the right to interpret the basic law
      • = so what happens if they go against court? (And sometimes the articles clash e.g guarantees social welfare, but govt can’t always do this)
  • constitutional right of dignity (SA AND GM) – foundation of all rights
    • right of abode cases, giving right of permanent residency to hk parent children
    • 1.5 MILLION CHILDREN OF MISTRESSES IN CHINA (So govt should control border through restricting entry vs right of these permanent residents)
    • Landmark case because it gave rights generously and therefore cannot control border
      • And then govt went to standing committee and they exercised Article 158, said that govt should restrict.
        • Controversial
        • But only if it’s used a lot = threaten role of law
  • China white paper, stated that judges were administrators and had to be patriotic
    • Rule of law = decide cases according to law and laws spirit, not outside interference – it is important to understand what the legal position is THROUGH objective points (promises are in reality delivered)
    • Ask yourself:
      • 1. Is legal system transparent? Well, proceedings are public,
      • 2. Judge exposed to the world for analysis – how has he arrived at his decision
      • 3. Principles that judges have made decision
        • Liberally purposefully generously
      • 4. Who appoints the judges – Beijing does so, vs people
      • 5. Access to justice – Can people get to the courts, legal aid 98% cases in court Govt doesn’t pay people to sue the govt??
      • 6. Is this a system that you have confidence in? Ask users, privately Why sentencing matters –

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