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The Dynamics of Beijing-Hong Kong RelationsA Model for Taiwan?$
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Sonny Shiu-hing Lo

Print publication date: 2008

Print ISBN-13: 9789622099081

Published to Hong Kong Scholarship Online: September 2011

DOI: 10.5790/hongkong/9789622099081.001.0001

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PRINTED FROM HONG KONG SCHOLARSHIP ONLINE (www.hongkong.universitypressscholarship.com). (c) Copyright Hong Kong University Press, 2021. An individual user may print out a PDF of a single chapter of a monograph in HKSO for personal use.date: 09 May 2021

The Politics of Judicial Autonomy

The Politics of Judicial Autonomy

Chapter:
(p.81) 3 The Politics of Judicial Autonomy
Source:
The Dynamics of Beijing-Hong Kong Relations
Author(s):

Sonny Shiu-Hing Lo

Publisher:
Hong Kong University Press
DOI:10.5790/hongkong/9789622099081.003.0004

In January 1999, the Court of Final Appeal (CFA) made a controversial decision on the debate of the right to abode of the mainland Chinese in the HKSAR. As a result, the HKSAR government asked the National People's Congress (NPC) to interpret the provisions of Hong Kong's Basic Law. This debate on the right to abode became highly politicized, polarized, and distorted. This chapter focuses on the debate over the right to abode in 1999 as a case study that can shed light on the problems and issues of judicial autonomy in HKSAR. This chapter argues that to maintain the judicial autonomy of HKSAR, several political actors should establish constitutional conventions or a habit of self-restraint.

Keywords:   Court of Final Appeal, right to abode, National People's Congress, Basic Law, judicial autonomy

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