HKSAR V Lai Chee Ying
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HKSAR V Lai Chee Ying
''HKSAR v. Lai Chee Ying'' was an appeal involving points of law by the Department of Justice over the decision of the Court of First Instance (CFI) to grant bail to the founder of Apple Daily Jimmy Lai. The Court of Final Appeal (CFA) reversed the CFI's interpretation of art.42(2) of the Hong Kong national security law. The Court of Final Appeal displaced the presumption of bail in common law and Hong Kong's Criminal Procedure Ordinance. The CFA held that, with regards to national security offences, the Hong Kong national security law (NSL) carves out a specific exception from the bail regime; the presumption in Article 42(2) of the NSL (NSL 42(2)) being that no bail should be granted. Hong Kong Courts can only consider granting bail if the Court finds sufficient grounds to believe that the accused would not continue to commit offences endangering national security. Background Executives of Next Digital, the parent company of pro-democracy newspaper '' Apple Daily' ...
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Court Of Final Appeal (Hong Kong)
The Hong Kong Court of Final Appeal (HKCFA or CFA) is the final appellate court of Hong Kong. It was established on 1 July 1997, upon the establishment of the Hong Kong Special Administrative Region, replacing the Judicial Committee of the Privy Council as the highest judicial institution under Hong Kong law. As defined in Articles 19 and 85 of the Basic Law of Hong Kong, the Court of Final Appeal "exercises judicial power in the Region independently and free from any interference." The Hong Kong Court of Final Appeal Ordinance and the Hong Kong Court of Final Appeal Rules set out the detailed functions and procedures of the court. The court meets in the Court of Final Appeal Building located in Central, Hong Kong. Role of the court From the 1840s to 30 June 1997, Hong Kong was a British Dependent Territory, and the power of final adjudication on the laws of Hong Kong was vested in the Judicial Committee of the Privy Council in London. The power to exercise sovereig ...
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Criminal Procedure In Hong Kong
Following the common law system introduced into Hong Kong when it became a Crown colony, Hong Kong's criminal procedural law and the underlying principles are very similar to the one in the UK. Like other common law jurisdictions, Hong Kong follows the principle of presumption of innocence. This principle penetrates the whole system of Hong Kong's criminal procedure and criminal law. Viscount Sankey once described this principle as a 'golden thread'. Therefore, knowing this principle is vital for understanding the criminal procedures practised in Hong Kong. Principle of presumption of innocence and its extended rights Apart from case law, Hong Kong also enacted a series of statutes to ensure the principle of presumption of innocence and its extended rights promptly implanted and recognised by the government and the society. Prosecution Right to institute criminal prosecution There is not a rule or law explicitly saying that the absolute right to institute a criminal prosecut ...
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2021 In Hong Kong
Events in the year 2021 in Hong Kong. Incumbents Executive branch * Chief Executive of Hong Kong, Chief Executive: Carrie Lam ** Chief Secretary for Administration: Matthew Cheung ** Financial Secretary (Hong Kong), Financial Secretary: Paul Chan Mo-po, Paul Mo-po Chan ** Secretary for Justice (Hong Kong), Secretary for Justice: Teresa Cheng (politician), Teresa Cheng Legislative branch * President of the Legislative Council of Hong Kong, President of the Legislative Council: Andrew Leung Judicial branch * Chief Justice of the Court of Final Appeal: Andrew Cheung Events January * 1 January - The Hong Kong Observatory recorded the low temperature of 8.6°C, lowest recorded on New Years Day since 2005. * 6 January - The Hong Kong Police, police arrested over 50 people who have openly addressed their support towards democratic movements in Hong Kong. They are said to have offended the National Security Law (Hong Kong), National Security Law. * 11 January - Chief Justice of the C ...
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2020 In Hong Kong
Events in the year 2020 in Hong Kong. Incumbents Executive branch * Chief Executive of Hong Kong, Chief Executive: Carrie Lam ** Chief Secretary for Administration: Matthew Cheung ** Financial Secretary (Hong Kong), Financial Secretary: Paul Chan Mo-po, Paul Mo-po Chan ** Secretary for Justice (Hong Kong), Secretary for Justice: Teresa Cheng (politician), Teresa Cheng Legislative branch * President of the Legislative Council of Hong Kong, President of the Legislative Council: Andrew Leung Judicial branch * Chief Justice of the Court of Final Appeal: Geoffrey Ma Events January * 1 January – 2019–20 Hong Kong protests: Protesters take part in the annual Hong Kong new year marches, new year day march with organisers claiming that over one million people took part. * 5 January – Thousands of protesters march in the Sheung Shui neighbourhood, leading to dozens of arrests. February * 9 February – Thousands of passengers leave COVID-19_pandemic_on_cruise_ships#World_Dream, ...
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State Council Of The People's Republic Of China
The State Council, constitutionally synonymous with the Central People's Government since 1954 (particularly in relation to local governments), is the chief administrative authority of the People's Republic of China. It is chaired by the premier and includes each cabinet-level executive department's executive chief. Currently, the council has 35 members: the premier, one executive vice premier, three other vice premiers, five state councilors (of whom three are also ministers and one is also the secretary-general), and 26 in charge of the Council's constituent departments. The State Council directly oversees provincial-level People's Governments, and in practice maintains membership with the top levels of the CCP. Aside from very few non-CCP ministers, members of the State Council are also members of the CCP's Central Committee. Organization The State Council meets every six months. Between meetings it is guided by a (Executive Meeting) that meets weekly. The standin ...
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Hong Kong Bill Of Rights Ordinance
The Hong Kong Bill of Rights Ordinance (HKBORO), often referred to as the Hong Kong Bill of Rights, is Chapter 383 of the Laws of Hong Kong, which transposed the International Covenant on Civil and Political Rights so that it is incorporated into Hong Kong law. Background The Government of the United Kingdom ratified the International Covenant on Civil and Political Rights (ICCPR) on 20 May 1976. The ICCPR was extended to British Dependent Territories, including Hong Kong, in the same year. Continued application of the ICCPR in the Hong Kong Special Administration Region was stipulated in the Sino-British Joint Declaration and Article 39 of the Basic Law. After the 1989 Tiananmen Square protests and massacre in the summer of 1989, the Hong Kong Bill of Rights Ordinance was intended to restore the shattered confidence of the people of Hong Kong in their future. Amidst growing urges in society on giving effect to rights in the ICCPR in the domestic law of Hong Kong, the Hong ...
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Standing Committee Of The National People's Congress
The Standing Committee of the National People's Congress of the People's Republic of China (NPCSC) is the permanent body of the National People's Congress (NPC) of the People's Republic of China (PRC), which is the highest organ of state power and the legislature of China. Although the parent NPC has superiority over the Standing Committee, and certain authorities are not delegated, the Standing Committee is generally viewed to have more power, albeit inferior to its parent, as the NPC convenes only once a year for two weeks, leaving its Standing Committee the only body that regularly drafts and approves decisions and laws. History In 1954, the 1st National People's Congress was held in Beijing, which became the statutory parliament of the People's Republic of China. The Standing Committee was established as its permanent body. The 1954 Constitution of the People's Republic of China stipulates that "the National People's Congress is the sole organ that exercises the legi ...
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National People's Congress
The National People's Congress of the People's Republic of China (NPC; ), or simply the National People's Congress, is constitutionally the supreme state authority and the national legislature of the People's Republic of China. With 2,980 members in 2018, it is the largest legislative body in the world. The National People's Congress meets in full session for roughly two weeks each year and votes on important pieces of legislation and personnel assignments among other things, and due to the temporary nature of the plenary sessions, most of NPC's power is delegated to the Standing Committee of the National People's Congress (NPCSC), which consists of about 170 legislators and meets in continuous bi-monthly sessions, when its parent NPC is not in session. As China is an authoritarian state, the NPC has been characterized as a rubber stamp for the Chinese Communist Party (CCP) or as only being able to affect issues of low sensitivity and salience to the Chinese regime. M ...
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Ng Ka Ling V Director Of Immigration
''Ng Ka Ling v Director of Immigration'' was a joint appeal of three cases decided in 1999 by Hong Kong's Court of Final Appeal (CFA). Chief Justice Andrew Li, in the Court's unanimous opinion, held that mainland-born children of Hong Kong permanent residents enjoyed the right of abode, regardless of whether one of their parents have acquired Hong Kong permanent residency at the time of birth of the children. The Hong Kong Court of Final Appeal held that it had jurisdiction in reviewing the consistency of legislations or acts of the National People's Congress (NPC) or the Standing Committee of the National People's Congress (NPCSC) of the People's Republic of China with the Hong Kong Basic Law, and if legislations or acts of the executive were found to be inconsistent, the jurisdiction to hold NPC or NPCSC acts as invalid. The CFA judgment sparked serious controversy concerning the relationship between the Hong Kong Special Administrative Region (HKSAR) and the Central Peopl ...
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Hong Kong Basic Law
The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China is a national law of China that serves as the organic law for the Hong Kong Special Administrative Region (HKSAR). Comprising nine chapters, 160 articles and three annexes, the Basic Law was composed to implement Annex I of the 1984 Sino-British Joint Declaration. The Basic Law was enacted under the Constitution of China when it was adopted by the National People's Congress on 4 April 1990 and came into effect on 1 July 1997 when Hong Kong was transferred from the United Kingdom to China. It replaced Hong Kong's colonial constitution of the Letters Patent and the Royal Instructions. Drafted on the basis of the Joint Declaration, the Basic Law lays out the basic policies of China on Hong Kong, including the " one country, two systems" principle, such that the socialist governance and economic system then practised in mainland China would not be extended to Hong Kong. Instead, Ho ...
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