Commentary On The Chong Fung Yuen Case Of Right Of Abode In Hong Kong

1528 words - 7 pages

Director of Immigration v. Chong Fung Yuen has caused a series of problems in Hong Kong. In order to resolve the problems, there are three alternatives. First, requesting the Standing Committee of the National People's Congress (NPCSC) to interpret the relevant articles of Hong Kong Basic Law by government officials or courts. Second, the Court of Final Appeal (CFA) rules the case again. Third way is to amend the basic law. These resolutions will be analyzed based on the effects on Hong Kong in the aspect of the constitutional framework, rule of law and separation of power.

The Hong Kong constitutional framework bases on basic law. Though “One Country, Two Systems ...view middle of the document...

Meanwhile, there is occasionally mixing of power, for example, the Chief Executive has a role in legislative as he has to sign bill passed for approval. (Article 48(3))

The first resolution is the request the interpretation of relevant articles of Hong Kong Basic Law by the NPCSC. This assimilates the Ng Ka Ling v. Director of Immigration case, where the CFA ruled for Ng Ka Ling, the birth of Hong Kong permanent residents will be entitled with the right of abode. Later after the ruling, the Government estimated that there would be 1.6 million people eligible in obtaining the right of abode. Then, the government sought interpretation by the NPCSC, only children who at least one of their parents was permanent resident at their time of birth can entitle to the right. This greatly reduced the amount of people eligible for the right of abode.

In this case, the government officials can ask for the interpretation, solving the problem arises by the Chong Fung Yuen case straightforwardly; overturning the judgment of the CFA. In the Chong Fung Yuen Case, all three courts including the CFA rule in favour of Chong, while mentioning that the interpretation of the Basic law in 1999 after Ng Ka Ling’s case did not address Article 24(1) which is the main argument of the Chong Fung Yuen Chase.

In the case of Lau Kong Yung v. Director of Immigration, the CFA follows the interpretation of Ng’s case and successfully overturned the Court of Appeal (CA), showing that interpretation is followed and overriding, hence solving the deep-rooted problem, while the procedures are not complicated, saving administrative cost for the government.

However, according to Michael Davis, this would make that the final judgment in Hong Kong seem not to be the final judgment as the local government can always request the NPCSC to reinterpret the Basic Law and overturn the case. This would definitely harm the high autonomy mentioned in the constitution framework. As according Albert Chen, in article 158 (1), the NPCSC’s power to interpret the Basic Law is a “free standing one” in the sense that it can be exercise without any particular referral by the CFA. If NPCSC exercise its own overriding power to interpret basic law, the autonomy and of the Hong Kong courts will lose their legitimacy and authority.

While the separation of power in Hong Kong is not clear, the separation of power is further ruined if the executive branch of the SAR government asks the NPCSC for interpretation. According to Chen, there is nothing in the basic law suggesting that the executive branch of the SAR government can ask the NPCSC to interpret the Basic Law. As the government officials which is from the executive powers should only be responsible for executive, interfering the judicial branch (the courts) in applying for interpretation disturb the separation of power and judicial independence. It should be the court to request for the interpretation, the judicial, preserving separation...

Other Papers Like Commentary on the Chong Fung Yuen Case of Right of Abode in Hong Kong

The Recent Wave of Hong Kong Immigrants into Vancouver

4092 words - 17 pages longer found in downtown's but rather on the fringes. In Vancouver, this translates into a booming Chinese population in such suburbs as New Westminster and Richmond. Richmond's population, for example, is made up of over one-third recent immigrants from Hong Kong. The Business-Immigrant As was shown in Fig. 4, Vancouver is the destination for the majority of the business-class immigrants. Over 30% of all immigrants entering the country

Job Satisfaction Of Public Hospital Nurse In Hong Kong

1367 words - 6 pages Job Satisfaction of Public Hospital Nurse in Hong Kong Job Satisfaction can be defined as the employees’ feelings and a collection of attitudes that towards their job. The employee tendency to be satisfied or less satisfied was influence by various factors: the nature of the work, supervision, present pay, promotion opportunities and relations with co-workers; and these variables are very important. The Job Descriptive Index (JDI) and the

Promoting Hong Kong as the “City of Life” and Persuading the Visitors from Mainland China to Visit Hong Kong

2873 words - 12 pages Executive Summary We are glad to be of services to the Hong Kong Tourism Board (HKTB) - formerly known as Hong Kong Tourism Association, in presenting this consulting report on promoting Hong Kong as the “City of Life” and persuading the visitors from Mainland China to visit Hong Kong In this report, we will base on the two-year major promotional tourism campaign “City of Life: Hong Kong is it!” which launched by the Hong Kong Tourism

Chase's Strategy of Financing Hong Kong Disney

4753 words - 20 pages recession. As a result of the Disneyland Paris downturn in sales, Hong Kong Disney took on the opposite approach, a more conservative capital structure, which along with the government commitment to the project enhanced Chase’s decision to back the project. The government knew that the tourism industry and employment rate needed a boost and to enable Disney to incorporate their hugely successful venture was an opportunity that they knew that had to

Poverty in Hong Kong

2389 words - 10 pages Abstract The high poverty incidence is a problem of many countries that needs immediate attention. The government is expected to be taking measures on this issue. In addressing this situation, regulations should be passed. There is a need for an evaluation of the effectiveness of such solutions. This paper will tackle the poverty situation as it exists in the city of Hong Kong. Focus is on leading factors that cause poverty. An assessment of

Disneyland in Hong Kong

771 words - 4 pages difficult. In its other foreign theme parks, the native government would purchase the land used for the park. Disney did not expect that the HKSAR would decline to pay for the annual premium, but also that the government would not make an exception to its maximum lease length of 50 years. A large amount of Hong Kong’s tax revenue comes from property taxes, meaning that Hong Kong would remain bold on its decision. Disney finally overcame the obstacle by

Hong Kong Disney Case Study

1703 words - 7 pages . Issues raised in the case One of the issues raised in the case was capacity; long lines for attractions and long wait times in restaurants will only lead to irritated guests. They should have made Hong Kong Disneyland bigger from the beginning and they could have bypassed this issued altogether. Also, since they have such an issue with capacity they should have probably set-up some kind of system to track all purchases of tickets, so that

What Is the Relationship Between Central and the Image of Hong Kong?

608 words - 3 pages location i want to discuss that relate to the image of HK. Central-Mid-Levels Escalator It is the longest outdoor escalator system in the world . It links Central and and Western District on Hong Kong Island. It represent the transport facility in Hong Kong is so convenient that you can go everywhere in HK. Also, when traveling on the escalator, we could see the view of central- a busy city. Central Market The precursor of the market was Canton

Economic Growth in Hong Kong

689 words - 3 pages World Bank Report on Economic Growth In the last forty to fifty years Hong Kong and Singapore have gone from developing nations to industrialized nations with high standards of living. Hong Kong and Singapore have gone from an average gross domestic product per capita of $5,000 forty years ago to $50,000 per capita today. Several fiscal and monetary policies have contributed to the economic prosperity of these two countries. Strategies that

FDI Flows In The Pearl River Delta And Hong Kong

1601 words - 7 pages the Peoples Republic China, as agreed upon in the Joint Declaration (1984). This declaration was signed both by Chinese and British officials and specified that Hong Kong would be transferred from Britain to PRC on July first in 1997. Furthermore, it specified that the SAR would “enjoy a high degree of autonomy, except in foreign and defence affairs”. Hong Kong would remain a “free port and a separate customs territory” and furthermore, it would

Should the Standard Working Hour Implemented in Hong Kong?

1306 words - 6 pages of Hong Kong and other country like South Korea , The Great Britain, how do long working hours influent employees on 3 aspect: health ,social life and recreation ,productivity. Also showing how do implementing of standard working hour influent employees and employers. After all, suggestions of implementing the standard working hour will be shown in order to make the implement easy and slow to avoid the big responses from the employers

Related Essays

The Handover Of Hong Kong Essay

1587 words - 7 pages worried whether Hong Kong would be able to function as it was when it was a British colony and whether would China interfere with the way Hong Kong was run. There were many worries about the economy of Hong Kong, would it be as strong as it has always been. Concerns about corruption in businesses, the political freedom and freedom of speech in Hong Kong were also on the minds of the people. Hong Kong was under the scrutiny of the rest of the world

Statement Of The Problems Of Hong Kong Disneyland Chinese Tourist Behavior Case Study

656 words - 3 pages effective instruments of colonization, a counter-culture for national liberation was necessary in order to blast the myths and distortions of history Definition of History * History is not just a description of the past but an important tool in understanding the present * It helps us to understand how events in the past shaped our society and how mistakes committed in the past will serve as lessons to be used in the future Writings on

Gender Equality Of Hong Kong Essay

1480 words - 6 pages of my own work and that due acknowledgement have been given in the bibliography and references to ALL sources be they printed, electronic or personal Introduction Hong Kong, as one of the most westernized cities in Asia, women’s status has improved in a rapid pace over the past 30 years. The role of women changes with the growth of awareness of gender inequality, in which brought the rise of concern on women’s issues. The Hong Kong

The Changing Of The Hong Kong Idols Popularity In 80’s To 90’s And Now

611 words - 3 pages The changing of the Hong Kong idols popularity in 80’s to 90’s and now From the 80’s to 90’s, it was the great moment of Hong Kong entertainment industry. Hong Kong’s idols were very popular, because of their competent, for example, Leslie Cheung Kowk Wing. He was not only popular in Hong Kong, but also in Asia and the world. Leslie Cheung was the first foreign artist to hold 16 concerts and got the best artist in Japan. Also, he was the