https://www.scmp.com/rss/305256/feed en https://assets.i-scmp.com/static/img/icons/scmp-meta-1200x630.png https://www.scmp.com The true force of Beijing’s fifth interpretation of Hong Kong’s Basic Law will at some point be determined by Hong Kong courts in adjudication. The irony is that, as common law courts, Hong Kong courts will be using common law principles to interpret an interpretation issued from a Leninist legal system. Given how different the underlying values of the two legal traditions are – the common law cherishes the rule of law and civil liberties, emphasises incremental judicial development of the law,... https://www.scmp.com/comment/insight-opinion/article/2044385/how-hong-kongs-courts-interpret-beijings-interpretation?utm_source=rss_feed https://www.scmp.com/comment/insight-opinion/article/2044385/how-hong-kongs-courts-interpret-beijings-interpretation?utm_source=rss_feed Wed, 09 Nov 2016 08:00:15 +0000 Last week, the Court of Final Appeal ruled that it was unconstitutional for the government not to allow Ms "W", who was born biologically male but underwent surgery to become female, to marry her boyfriend. This ruling raises important issues for the courts, government and general public. The government argued that society ought to decide who is entitled to marry; unelected judges could only allow transsexuals to marry in their desired gender if there was a consensus on this issue, which was not... https://www.scmp.com/comment/insight-opinion/article/1242095/court-ruling-transgender-marriage-raises-hopes-other?utm_source=rss_feed https://www.scmp.com/comment/insight-opinion/article/1242095/court-ruling-transgender-marriage-raises-hopes-other?utm_source=rss_feed Mon, 20 May 2013 16:00:00 +0000