Some Beijing officials fear Hong Kong judges are playing the role of reformers by directly applying an international human rights covenant in their judgments, an academic claims.
Professor Lau Siu-kai, of the Chinese University, made the remark after Shiu Sin-por, executive director of the One Country, Two Systems Research Institute think-tank, said yesterday that Article 39 of the Basic Law cried out for an interpretation from the National People's Congress Standing Committee against a backdrop of 'judicial activism'.
'The courts in Hong Kong are not in a position to judge whether Hong Kong laws violate the ICCPR,' Mr Shiu said, referring to the International Covenant on Civil and Political Rights.
Article 39 of the Basic Law makes provisions for the ICCPR to take effect through the laws of Hong Kong.
Mr Shiu called on the Basic Law Committee, which advises the National People's Congress Standing Committee on how to interpret the Basic Law, to initiate a study and recommend the standing committee interpret Article 39 'to put a stop to this judicial activism'.
Professor Lau said some mainland officials believed there were growing signs judges were applying universal human rights criteria in some judgments.