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  • July 11, 2014
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  1. Comment - Insight & Opinion

    As the government has shown, Basic Law text is open to interpretation

    Posted Mar 26th 2014, 05:23pm by Cliff Buddle

    ... Cliff Buddle Cliff Buddle says previous controversies have shown that the Basic Law text is open to interpretation, no matter what officials might tell us today Word power ... be nominated by a broadly representative committee allows officials to conveniently brush aside proposals involving nominations by the public. But this assumes there is only one way of interpreting ...

  2. Comment - Insight & Opinion - MY TAKE

    Absolutist pan-democrats risk another NPC interpretation

    Posted Sep 21st 2013, 12:00am by Alex Lo

    ... Alex Lo alex.lo@scmp.com Beware the NPC interpretation The idea of opening the chief executive nomination to every voter sounds great on paper. Another is to let everyone have a say in designing Hong Kong's future democratic system. The first idea is advocated by Scholarism led by teenagers; the second by legal scholar Benny Tai Yiu-ting. If these are the ends they seek, ...

  3. Comment - Insight & Opinion

    Devil in the detail of government's case for interpretation

    Posted Dec 15th 2012, 12:00am by Alex Lo

    ... for an interpretation of residency rights. Rather, the problem is the scope of the question that the Department of Justice is asking the court to submit to the National People's Congress Standing Committee ... Appeal in February. In our adversarial legal system, litigants use whatever legal tools are available to win. It would be exceedingly odd- you can even argue government lawyers are not doing ...

  4. Comment - Insight & Opinion

    How should Basic Law be 'interpreted' for the times?

    Posted Dec 19th 2012, 12:00am by Frank Ching

    ... Frank Ching Frank Ching says the central government's apparent unwillingness to amend the Basic Law leaves us stuck with 'interpretations' Legal limbo The Hong Kong government's request for the Court of Final Appeal to consider asking the National People's Congress Standing Committee for a clarification of the committee's 1999 interpretation of the Basic ...

  5. Comment - Insight & Opinion

    Beijing not interfering if Hong Kong asks for Basic Law interpretation

    Posted Mar 13th 2013, 12:00am by Frank Ching

    ... Frank Ching Frank Ching says the NPC Standing Committee cannot be accused of interference if Hong Kong asks for an interpretation of the law Basic advice To many people, an interpretation ... But this is not necessarily true. In the past, when the Hong Kong administration requested an interpretation, it was because it felt it faced an insoluble problem and Beijing agreed to help. The first interpretation ...

  6. Comment - Insight & Opinion

    An NPC interpretation is not the answer to Hong Kong's immigration problems

    Posted Dec 18th 2012, 12:00am by MICHAEL DAVIS

    ... Michael Davis Michael Davis says by suggesting the Court of Final Appeal could seek an interpretation of our immigration law, the government risks undermining Hong Kong's autonomy ... permanent residency, to the National People's Congress Standing Committee for interpretation. The government invoked Basic Law Article 158, which provides for such referral for Basic Law ...

  7. Comment - Insight & Opinion - LEADER

    US lawmakers should act to stop indiscriminate spying

    Posted Jul 07th 2014, 05:17am by SCMP Editorial

    ... the restriction of access by police during arrests. Not before had the court considered the role of mobile technology in modern life. Understanding technology is crucial when formulating and interpreting laws and policies. The court's ruling has implications for debate and legal challenges over surveillance and mobile phone tracking by the US National Security Agency. President Barack ...

  8. Comment - Letters

    Court ruling on CSSA application criteria was legally correct

    Posted Jan 10th 2014, 11:53pm

    ... Court ruling on CSSA application criteria was legally correct Last month's ruling by the Court of Final Appeal that the existing Comprehensive Social Security Assistance (CSSA) ... They have criticised the judgment, saying it was wrong. However, it is important to emphasise the professionalism of the court's judges and point out that from a legal perspective ...

  9. Comment - Insight & Opinion

    With white paper, Beijing may have achieved the opposite of what it wants

    Posted Jun 16th 2014, 03:03am by Michael C. Davis

    ... interference with Hong Kong's legal system. The white paper's robust reassertion of the central government's absolute power over Hong Kong and Basic Law interpretation will surely again ... their noses out of Hong Kong affairs. We are told the National People's Congress Standing Committee can interpret and amend the Basic Law as it chooses. In words reminiscent of Communist ...

  10. Comment - Insight & Opinion - MY TAKE

    Both Beijing and Anson Chan are talking hogwash over full democracy for Hong Kong

    Posted Jun 24th 2014, 05:59am by Alex Lo

    ... their preferences for election methods, however unlikely, to choose our chief executive. The polling by Occupy Central, sometimes referred to as an "unofficial referendum", has zero legal force. ... Hypothetically, if the Hong Kong government decided to carry out a real referendum, it conceivably would be illegal under some interpretations of the Basic Law and the Chinese constitution. But even ...




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