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  1. Wrong to see interpretation of Basic Law as interference

    Posted Sep 02nd 2011, 12:00am

    ... I have been a member of the National People's Congress Standing Committee Basic Law Committee since 2006, and the recent interpretation of the Basic Law in the Congo 'state ... the jurisdiction of the Hong Kong courts, according to the Basic Law. One way or another, the courts had to refer it to the central government. Yet, even after the Ministry of Foreign Affairs issued three ...

  2. Basic Law protects village-house rights of New Territories' indigenous residents

    Posted Nov 26th 2011, 12:00am

    ... it to them'. The Basic Law requires the protection of the lawful traditional rights and interests of the indigenous inhabitants of the New Territories. Nevertheless, Mr Law hopes for a judicial review ... In common with many Hong Kong city dwellers, P. C. Law clearly does not understand the history of the New Territories ('Small-house charade must stop now', November 17). ...

  3. HK Basic Law Committee is definitely not just a rubber stamp

    Posted Aug 27th 2011, 12:00am

    ... with Article 158 (3) of the Basic Law and the court has already come to certain views in its provisional judgment which are consistent with the draft interpretation. The comments by Eric Cheung Tat-ming that the Hong Kong Basic Law Committee is just a rubber stamp are regrettable. The committee was established pursuant to the decision of the NPC made on April 4, 1990, to study questions ...

  4. Basic Law 'allows for restrictions on residency'

    Posted Aug 24th 2011, 12:00am

    ... Austin Chiu austin.chiu@scmp.com The Basic Law allows immigration laws to exclude groups of people- including domestic helpers- from becoming permanent residents, government lawyers argued yesterday. On the second day of a landmark judicial review, the lawyers said the intent behind the Basic Law could be gauged from the Sino-British Joint Declaration, which authorised the legislature ...

  5. Independent DPP 'against' Basic Law

    Posted Jun 22nd 2011, 12:00am

    ... An independent director of public prosecutions would contravene the Basic Law, the government said yesterday. That verdict came after the former prosecutions director, Grenville Cross, ... yesterday, the department defended the current arrangement, under which the justice secretary has ultimate authority on which cases to prosecute. 'Article 63 of the Basic Law would not permit ...

  6. Options for by-elections bill 'don't breach Basic Law'

    Posted Jul 25th 2011, 12:00am

    ... for filling midterm vacancies in the Legislative Council were not in breach of the Basic Law. But Lam's verdict on the proposals in the consultation document released on Friday was borrowed from Albert Chen Hung-yee, a University of Hong Kong law professor and Basic Law Committee member. 'Although the pan-democrats said all four proposals are unconstitutional, you can see some legal ...

  7. Doubts cast on Basic Law test for civil servants

    Posted May 24th 2011, 12:00am

    ... Fanny W. Y. Fung waiyee.fung@scmp.com A test for civil service recruits on their knowledge of the Basic Law may be unnecessary, the Public Service Commission says. The commission, which ... of the Basic Law. But since the test is held only two or three times a year, some good candidates may have missed civil service jobs because their lack of a Basic Law test score put them ...

  8. Mid-term poll plan 'breaches basic law'

    Posted Jun 21st 2011, 12:00am

    ... that the proposal breaches the Basic Law. Pan-democrats are scrutinising the proposal- likely to be passed with the help of pro-government lawmakers- and planning options, including a judicial review, ... Law, which safeguard Hongkongers' right to vote and stand for election, Lam insisted that 'the new arrangement complies with the Basic Law.' The proposal stems from the mass ...

  9. Basic Law still decides Hong Kong immunity, Congo debt hearing told

    Posted Mar 29th 2011, 12:00am by Staff Reporter

    ... Chris Ip The Basic Law overrules any position Hong Kong may have had on state immunity before the handover, making the results of a landmark 1983 UK case void, the Court of Final Appeal ... that after 1997 such principles should apply only if they conform to Hong Kong's mini-constitution the Basic Law, which overrules any past laws. Because state immunity is a matter of foreign ...

  10. Basic Law interpretation a matter of diplomacy

    Posted Jun 09th 2011, 12:00am

    ... Stuart Lau stuart.lau@scmp.com Yesterday's decision to seek a Basic Law interpretation, initiated by a Hong Kong court, seems likely to provoke less hostility than on previous ... an interpretation of the Basic Law's provisions from the National People's Congress Standing Committee (NPCSC), China's supreme legislature. The request for clarification in the continuing ...




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