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The sixteenth issue of the Basic Law Bulletin has just been released on the internet.

This issue reviews a fundamental aspect of the rule of law in Hong Kong: "judicial independence". Various factors contributing to the upholding of judicial independence, including the method of appointment and removal of judges, the protection of judicial immunity and the requirements of judicial conduct, are discussed in this review. In particular, with reference to the "Guide to Judicial Conduct" published by the judiciary, the situations where the principle of impartiality may operate to disqualify a judge from sitting in a case are discussed.

This issue also summarises some recent Basic Law cases (e.g. cases on (i) the scope of election petitions in the Chief Executive Election Ordinance (Cap. 569) and their relationship to judicial review and other proceedings; (ii) whether the seven-year residence requirement for the application of Comprehensive Social Security Assistance is justified in light of BL 36 and BL 145; (iii) whether mandated refugees and screened-in torture claimants have a constitutional right to work while staying in Hong Kong; (iv) whether the criminal offence of outraging public decency was consistent with the constitutional right to freedom of expression; and (v) whether a decision of the President of the LegCo made during the legislative process may be judicially reviewed and whether the President of the LegCo has the power to close a debate when presiding over meetings under BL 72(1).)
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Jun 2012
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Bilingual Laws International Child Abduction Mainland Related Issue Treaties and International Agreements Enduring Powers of Attorney Compensation for persons wrongfully imprisoned Department of Justice 2012 Prosecutions in Hong Kong 2013 Drafting Legislation in Hong Kong - A Guide to Styles & Practices How Legislation is Made in Hong Kong - A Drafter's View of the Process
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