Hong Kong courts have power to decide on constitutional matters, but Chinese national legislature has the final say, former judge says
- Henry Litton was commenting on Beijing’s challenge to a local court ruling that found an anti-mask law and the use of emergency laws unconstitutional
- But Philip Dykes, chairman of the Bar Association, says old ordinances should be re-examined to plug the new constitutional order
Hong Kong courts still have the power to decide on constitutional matters like they did over the past 22 years, but the Chinese national legislature will have the final say, a former judge said.
Henry Litton was commenting on Beijing’s challenge to a local court ruling that found an anti-mask law and the use of emergency laws unconstitutional. Mainland officials have argued “only” the National People’s Congress Standing Committee (NPCSC) has the power to decide on issues of constitutionality.
But the retired Court of Final Appeal judge said he was surprised by the High Court’s ruling on Monday, saying the Emergency Regulations Ordinance was already in place since 1922 before the current administration invoked it to ban the use of face masks.
Zang Tiewei, spokesman for the Legislative Affairs Commission of the NPCSC, said on Tuesday that the power to declare a local law incompatible with the Basic Law, or the city’s mini-constitution, rested on no other authority but the NPCSC. The view was strongly doubted by local lawyers, with former chief justice Andrew Li Kwok-nang saying it would be “surprising and alarming” if it was true.
Litton said he believed Zang’s statement had left out the word “ultimate power” when describing constitutional interpretation. But he said Beijing was only using an emphatic way to make a statement without a change to the legal position.