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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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legislative Council Of Hong Kong
The Legislative Council of the Hong Kong Special Administrative Region (LegCo) is the unicameral legislature of Hong Kong. It sits under China's " one country, two systems" constitutional arrangement, and is the power centre of Hong Kong's hybrid representative democracy. The functions of the Legislative Council are to enact, amend or repeal laws; examine and approve budgets, taxation and public expenditure; and raise questions on the work of the government. In addition, the Legislative Council also has the power to endorse the appointment and removal of the judges of the Court of Final Appeal and the Chief Judge of the High Court, as well as the power to impeach the Chief Executive of Hong Kong. Following the 2019–2020 Hong Kong protests, the National People's Congress disqualified several opposition councilors and initiated electoral overhaul in 2021. The current Legislative Council consists of three groups of constituencies—geographical constituencies (GCs), ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Bill Of Rights
The United States Bill of Rights comprises the first ten amendments to the United States Constitution. Proposed following the often bitter 1787–88 debate over the ratification of the Constitution and written to address the objections raised by Anti-Federalists, the Bill of Rights amendments add to the Constitution specific guarantees of personal freedoms and rights, clear limitations on the government's power in judicial and other proceedings, and explicit declarations that all powers not specifically granted to the federal government by the Constitution are reserved to the states or the people. The concepts codified in these amendments are built upon those in earlier documents, especially the Virginia Declaration of Rights (1776), as well as the Northwest Ordinance (1787), the English Bill of Rights (1689), and Magna Carta (1215). Largely because of the efforts of Representative James Madison, who studied the deficiencies of the Constitution pointed out by anti-feder ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Human Rights Act 1998
The Human Rights Act 1998 (c. 42) is an Act of Parliament of the United Kingdom which received royal assent on 9 November 1998, and came into force on 2 October 2000. Its aim was to incorporate into UK law the rights contained in the European Convention on Human Rights. The Act makes a remedy for breach of a Convention right available in UK courts, without the need to go to the European Court of Human Rights (ECHR) in Strasbourg. In particular, the Act makes it unlawful for any public body to act in a way which is incompatible with the convention, unless the wording of any other primary legislation provides no other choice. It also requires the judiciary (including tribunals) to take account of any decisions, judgment or opinion of the European Court of Human Rights, and to interpret legislation, as far as possible, in a way which is compatible with Convention rights. However, if it is not possible to interpret an Act of Parliament so as to make it compatible with the convention, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Human Rights In Hong Kong
Human rights protection is enshrined in the Basic Law and its Bill of Rights Ordinance (Cap.383). By virtue of the Bill of Rights Ordinance and Basic Law Article 39, the International Covenant on Civil and Political Rights (ICCPR) is put into effect in Hong Kong. Any local legislation that is inconsistent with the Basic Law can be set aside by the courts. This does not apply to national legislation that applies to Hong Kong, such as the National Security Law, even if it is inconsistent with the Bills of Rights Ordinance, ICCPR, or the Basic Law. Hong Kong is generally perceived to enjoy a moderate level of civil liberties. Although the Hong Kong government claims that it respects the human rights of citizens, there are significant concerns surrounding human rights in practice, particularly in the political sphere and press. There are concerns over the freedoms to the people which is restricted by the Public Order Ordinance, as well as strong domestic and international crit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Leung Kwok-hung
Leung Kwok-hung ( zh, t=梁國雄; born 27 March 1956), also known by his nickname "Long Hair" (), is a Hong Kong politician and social activist. He was a member of the Legislative Council of Hong Kong, Legislative Council, representing the New Territories East (constituency), New Territories East. A Trotskyist in his youth, he was a founding member of the Revolutionary Marxist League (Hong Kong), Revolutionary Marxist League. He became a political icon with his long hair and Che Guevara T-shirt in the protests before he was elected to the Legislative Council in 2004. In 2006, he co-founded a social democratic party, the League of Social Democrats (LSD) of which he was the chairman from 2012 to 2016. In 2017, he announced his candidacy for the 2017 Hong Kong Chief Executive election, 2017 Chief Executive election, through unofficial public petition, but withdrew after failing to receive enough signatures. On 14 July 2017, Leung was disqualified by the court over his manner on ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal (Hong Kong)
The Court of Appeal of the High Court of Hong Kong is the second most senior court in the Hong Kong legal system. It deals with appeals on all civil and criminal cases from the Court of First Instance and the District Court. It is one of two courts that makes up the High Court of Hong Kong (which was formerly known as the Supreme Court of Hong Kong). Sometimes criminal appeals from Magistrates' Courts with general public importance are also dealt with in the Court of Appeal, either by referral by a single judge from the Court of First Instance, or upon granting of leave on application for review by the Secretary for Justice. This court also hears appeals from the Lands Tribunal and various tribunals and statutory bodies. The Chief Judge of the High Court of Hong Kong serves as the President of the Court of Appeal. Prior to the establishment of the Court of Appeal in 1976, a Full Court consisting of first instance High Court judges was constituted to hear appeals. Cases i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Anthony Mason (judge)
Sir Anthony Frank Mason HonFAIB DistFRSN (born 21 April 1925) is an Australian judge who served as the ninth Chief Justice of Australia, in office from 1987 to 1995. He was first appointed to the High Court of Australia, High Court in 1972, having previously served on the Supreme Court of New South Wales. Education Raised in Sydney, Mason was a student at Sydney Grammar School. During World War II, he served in the Royal Australian Air Force, holding the rank of Flying Officer. After the war, Mason studied at the University of Sydney, graduating with the degrees of Bachelor of Arts and Bachelor of Laws. Mason articled clerk, articled at Clayton Utz, where he met his wife, Patricia. Legal career Mason was admitted to the New South Wales Bar. For five years he lectured in law at the University of Sydney, his students including three future High Court Justices, Mary Gaudron, William Gummow and Dyson Heydon. In November 1964, aged 39, Mason was announced as the new Solicitor-G ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roberto Ribeiro (judge)
Roberto Alexandre Vieira Ribeiro (, born 20 March 1949) is a Hong Kong judge and honorary lecturer in law at the University of Hong Kong. He is currently one of the three permanent judges for the Court of Final Appeal in Hong Kong, and is the longest serving judge in that court. Early life and education Born Roberto Alexandre Vieira Ribeiro, into a Portuguese-descent family in Hong Kong, he received his elementary and secondary education in Hong Kong. He studied in La Salle College. Upon graduating with honours from the London School of Economics (LL.B. 1971, LL.M. 1972), Ribeiro returned to Hong Kong, and joined the faculty of law of the University of Hong Kong as a lecturer in 1972. He initially taught in the fields of criminal law and jurisprudence, but later extended his teaching to labour law and civil procedure. Legal career After seven years of academic life, Ribeiro entered into private practice in 1979, and quickly established himself as an expert in admiralty and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patrick Chan Siu-oi
Patrick Chan Siu-oi () is a judge in Hong Kong. He currently serves as a Non-Permanent Judge of the Court of Final Appeal having previously been a Permanent Judge of that court. Early life, education and legal career Born in Hong Kong, Chan attended Wah Yan College, Hong Kong, a prominent Jesuit high school in Hong Kong. He received his Bachelor of Laws ("LLB") degree in 1974 and a Postgraduate Certificate in Laws in 1975 from the University of Hong Kong. He served pupillage under Patrick Yu and was called to the Hong Kong Bar in 1976. He was a barrister in private practice until he joined the Judiciary as a District Judge in 1987. Judicial career Between 1987 and 1991, Chan served as judge in District Courts, having been appointed a District Judge on 9 November 1987. In 1991, he was appointed Deputy Registrar of the Supreme Court. In 1992, he began serving as a Judge in the Court of First Instance of the High Court of Hong Kong. Chan was appointed the first Chief Jud ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Proportionality (law)
Proportionality is a general principle in law which covers several separate (although related) concepts: *The concept of proportionality is used as a criterion of fairness and justice in statutory interpretation processes, especially in constitutional law, as a logical method intended to assist in discerning the correct balance between the restriction imposed by a corrective measure and the severity of the nature of the prohibited act. *Within criminal law, the concept is used to convey the idea that the punishment of an offender should fit the crime. *Under international humanitarian law governing the legal use of force in an armed conflict, ''proportionality'' and '' distinction'' are important factors in assessing military necessity. *Under the United Kingdom's Civil Procedure Rules, costs must be "proportionately and reasonably incurred", or "proportionate and reasonable in amount", if they are to form part of a court ruling on costs. Proportionality as a general principle ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional Review
Constitutional review, or constitutionality review or constitutional control, is the evaluation, in some country, countries, of the constitutionality of the laws. It is supposed to be a system of preventing violation of the rights granted by the constitution, assuring its efficacy, their stability and preservation. There are very specific cases in which the constitutional review differs from common law to civil law (legal system), civil law as well as judicial review in general. Written and rigid Constitution, rigid constitutions exist in most countries, represent the supreme norm of the juridical order, and are on the top of the pyramid of norms. Also called ''fundamental law'', ''supreme law'', ''law of the laws'', ''basic law'', they have more difficult and legal procedure, formal procedures to updating them than other laws, which are ''sub-constitutional''. The term "constitutional review" is usually characterized as a Civil Law concept, but some of the ideas behind it come from ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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