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27 Jan 2016
27 Jan 2016
11 Jan 2016
06 Jan 2016
05 Jan 2016
30 Dec 2015
29 Dec 2015
The seventeenth issue of the Basic Law Bulletin has just been released on the internet.

This issue examines how economic, social and cultural rights are protected under the Basic Law by the application of the ICESCR in the HKSAR. Although the ICESCR provisions are not directly enforceable in the Hong Kong courts, as they have not been directly incorporated into domestic law, the Covenant may be used as a framework within which Government decisions or discretions are to be made or exercised. We give examples of how our courts refer to the ICESCR and the views of the United Nations Committee on Economic, Social and Cultural Rights in deciding cases that engage the Covenant rights. We also discuss various rights recognized in the ICESCR in order to gain a proper understanding of the requirements of the Covenant.

This issue also summarises some recent Basic Law cases (e.g. cases on (i) whether, and in what circumstances, on the true construction of the Places of Public Entertainment Ordinance (Cap. 172), an entertainment which is presented or carried on in a public street or other publicly accessible open space is one for which the organiser is required to obtain a licence and, if so, whether such provisions are inconsistent with the constitutionally protected freedom of public demonstration and assembly and freedom of expression; (ii) what must a child or young adult applicant who is a non-Chinese national born in Hong Kong and whose application is made before he or she reaches the age of 21, establish in order to satisfy the requirement under BL 24(2)(4) of "having taken Hong Kong as [his or her] place of permanent residence" and whether, and under what circumstances, a visitor exempted from registration may qualify to obtain Hong Kong identity card as a non-permanent resident within the meaning of BL 24(4);and (iii) whether a refusal of leave to appeal from the CFI under s. 81(4) of the Arbitration Ordinance (Cap. 609) bringing finality to the proceedings with no further avenue of appeal was unconstitutional in that it disproportionately restricted the power of final adjudication of the CFA under BL 82.)
18 Dec 2015
16 Dec 2015
11 Dec 2015
09 Dec 2015
09 Dec 2015
02 Dec 2015
19 Nov 2015
18 Nov 2015
09 Nov 2015
03 Nov 2015
Bilingual Laws International Child Abduction Mainland Related Issue Treaties and International Agreements Enduring Powers of Attorney Compensation for persons wrongfully imprisoned Department of Justice 2015 Prosecutions in Hong Kong 2014 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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