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Lau Kong Yung V Director Of Immigration
''Lau Kong Yung v. Director of Immigration'' was a 1999 right of abode case in the Hong Kong Court of Final Appeal following closely on the heels of the landmark ''Ng Ka Ling v. Director of Immigration'' decision earlier that year. After ''Ng'' and the two prior actions in ''Lau'', but before the case came before the CFA, the Standing Committee of the National People's Congress (NPCSC) of the People's Republic of China issued an interpretation of the Basic Law which affected the rights of Lau and his fellow applicants. ''Lau'' thus became the first case in which the CFA had to take into account an NPCSC interpretation in applying the Basic Law. Background Lau Kong Yung (劉港榕) and his 16 fellow applicants were mainland Chinese-born children of Hong Kong permanent residents and on that basis claimed to be entitled to the right of abode. The Director of Immigration made removal orders against them on the grounds that they had arrived in Hong Kong on two-way permits and sub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Final Appeal (Hong Kong)
The Hong Kong Court of Final Appeal (HKCFA or CFA) is the final appellate court of Hong Kong. It was established on 1 July 1997, upon the establishment of the Hong Kong Special Administrative Region, replacing the Judicial Committee of the Privy Council as the highest judicial institution under Hong Kong law. As defined in Articles 19 and 85 of the Basic Law of Hong Kong, the Court of Final Appeal "exercises judicial power in the Region independently and free from any interference." The Hong Kong Court of Final Appeal Ordinance and the Hong Kong Court of Final Appeal Rules set out the detailed functions and procedures of the court. The court meets in the Court of Final Appeal Building located in Central, Hong Kong. Role of the court From the 1840s to 30 June 1997, Hong Kong was a British Dependent Territory, and the power of final adjudication on the laws of Hong Kong was vested in the Judicial Committee of the Privy Council in London. The power to exercise sovereig ... [...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. Case ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1999 In Case Law
File:1999 Events Collage.png, From left, clockwise: The funeral procession of King Hussein of Jordan in Amman; the 1999 İzmit earthquake kills over 17,000 people in Turkey; the Columbine High School massacre, one of the first major school shootings in the United States; the Year 2000 problem ("Y2K"), perceived as a major concern in the lead-up to the year 2000; the Millennium Dome opens in London; online music downloading platform Napster is launched, soon a source of online piracy; NASA loses both the Mars Climate Orbiter and the Mars Polar Lander; a destroyed T-55 tank near Prizren during the Kosovo War., 300x300px, thumb rect 0 0 200 200 Death and state funeral of King Hussein rect 200 0 400 200 1999 İzmit earthquake rect 400 0 600 200 Columbine High School massacre rect 0 200 300 400 Kosovo War rect 300 200 600 400 Year 2000 problem rect 0 400 200 600 Mars Climate Orbiter rect 200 400 400 600 Napster rect 400 400 600 600 Millennium Dome 1999 was designated as the Intern ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional Convention (political Custom)
A constitutional convention is an informal and uncodified tradition that is followed by the institutions of a state. In some states, notably those Commonwealth of Nations states that follow the Westminster system and whose political systems derive from British constitutional law, most government functions are guided by constitutional convention rather than by a formal written constitution. In these states, actual distribution of power may be markedly different from those the formal constitutional documents describe. In particular, the formal constitution often confers wide discretionary powers on the head of state that, in practice, are used only on the advice of the head of government, and in some cases not at all. Some constitutional conventions operate separately from or alongside written constitutions, such as in Canada since the country was formed with the enactment of the Constitution Act, 1867. In others, notably the United Kingdom, which lack a single overarching constitu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional Law
Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in federal countries such as the United States and Canada, the relationship between the central government and state, provincial, or territorial governments. Not all nation states have codified constitutions, though all such states have a '' jus commune'', or law of the land, that may consist of a variety of imperative and consensual rules. These may include customary law, conventions, statutory law, judge-made law, or international rules and norms. Constitutional law deals with the fundamental principles by which the government exercises its authority. In some instances, these principles grant specific powers to the government, such as the power to tax and spend for the welfare of the population. Other times, constitutional principles ac ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Albert Chen
Albert Chen Hung-yee (born 1957) is a Hong Kong legal scholar, specialising in constitutional law. He is the current Cheng Chan Lan Yue Professor in Constitutional Law and the Chair of Constitutional Law at the Faculty of Law of the University of Hong Kong, and was the Dean of the faculty from 1996 to 2002. Early life and education Chen was born in 1957. His father was a civil servant and father and his mother a teacher. He graduated from the St. Paul's Co-educational College in Hong Kong in 1975, then entered the University of Hong Kong for a LLB degree, completing in 1980. Chen then went to Harvard University and obtained his LLM 2 years later, studying comparative law and theories of law and development. After returning to Hong Kong, Chen worked at a solicitors' firm, and completed his Postgraduate Certificate in Laws (PCLL) in 1984, qualifying him as a solicitor. Career Chen started his academic career in 1984, becoming a lecturer at the University of Hong Kong (H ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
2005 Hong Kong Chief Executive Election
The 2005 Hong Kong Chief Executive election was held to fill the vacancy of the territory's top office. Then Chief Executive Tung Chee-hwa submitted his resignation to the central government in Beijing, and was officially approved on 12 March. As Donald Tsang, Chief Secretary for Administration in Tung's cabinet, was the only candidate, he was declared elected unopposed on 16 June. Tsang took office on 21 June to begin his first two-year term. Background During the 1996 and 2002 elections, an 800-member Election Committee was used to elect the Chief Executive. Unlike the US system, there is no universal suffrage or universal right to vote. Senior employees, managers and professionals mainly vote pro-China to ensure their businesses can run smoothly. They were entirely biased in favour of Beijing's stance in the previous two elections.Bush, Richard C. 005(2005). Untying the Knot: Making Peace in the Taiwan Strait. Brookings Institution Press. . pg 94. The previously electe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution Of The People's Republic Of China
The Constitution of the People's Republic of China is the supreme law of the People's Republic of China. It was adopted by the 5th National People's Congress on December 4, 1982, with further revisions about every five years. It is the fourth constitution in PRC history, superseding the 1954 constitution, the 1975 constitution, and the 1978 constitution. History The first Constitution of the People's Republic of China was declared in 1954. After two intervening versions enacted in 1975 and 1978, the current Constitution was declared in 1982. There were significant differences between each of these versions, and the 1982 Constitution has subsequently been amended five times. In addition, evolving constitutional conventions have led to significant changes in the structure of the Chinese government in the absence of changes in the text of the Constitution. Structure #Preamble #General Principles (Chapter 1) #The Fundamental Rights and Duties of Citizens (Chapter 2) #The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Concurring Opinion
In law, a concurring opinion is in certain legal systems a written opinion by one or more judges of a court which agrees with the decision made by the majority of the court, but states different (or additional) reasons as the basis for their decision. When no absolute majority of the court can agree on the basis for deciding the case, the decision of the court may be contained in a number of concurring opinions, and the concurring opinion joined by the greatest number of judges is referred to as the plurality opinion. As a practical matter, concurring opinions are slightly less useful to lawyers than majority opinions. Having failed to receive a majority of the court's votes, concurring opinions are not binding precedent and cannot be cited as such. But concurring opinions can sometimes be cited as a form of persuasive precedent (assuming the point of law is one on which there is no binding precedent already in effect). The conflict in views between a majority opinion and a con ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kemal Bokhary
Syed Kemal Shah Bokhary ( ur, , ; born 25 October 1947) is a judge in Hong Kong. He was one of three Permanent Judges of Hong Kong's Court of Final Appeal from its inception in 1997 until he reached the mandatory retirement age of 65 in October 2012; afterwards, he remained on the bench as a non-permanent judge. Early life and family Bokhary's father is Daoud Bokhary, a native of the North-West Frontier Province in the British Raj (now Pakistan) who came to Hong Kong with the British Indian Army after the Japanese occupation. His mother's family had been in Hong Kong since the 19th century. Bokhary himself was born in Kowloon, Hong Kong in 1947. He received his early education in the King George V School, Hong Kong and his legal education in London. Bokhary is married to former High Court judge Verina Saeeda Bokhary, with whom he has three daughters. Career Bokhary was called to the English Bar in 1970 and to the Hong Kong Bar the following year. He went on to establish ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Andrew Li
Andrew Li Kwok-nang (; born December 1948) is a retired Hong Kong judge, and a former Chief Justice of Hong Kong, who was the first to preside over the Hong Kong Court of Final Appeal, established on 1 July 1997. Li was succeeded by Geoffrey Ma on 1 September 2010. Li was born in Hong Kong and educated locally and in England. A graduate of the University of Cambridge, Li practised as a barrister in Hong Kong until his appointment as Chief Justice. During his 13 years as Chief Justice, Li handled a variety of important appellate cases and was known for his moderate jurisprudence and visionary leadership. He has remained active in public service since his retirement. Early life and education Born in Hong Kong, Andrew Li received his early education at St. Paul's Co-educational College, and then at Repton School in Derbyshire, England. He earned an MA and LLM from Fitzwilliam College, Cambridge. Legal career Li was called to the Middle Temple in 1970, and the Hong Kong B ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Geoffrey Ma
Geoffrey Ma Tao-li (; born 11 January 1956) is a retired Hong Kong judge who served as the 2nd Chief Justice of the Hong Kong Court of Final Appeal— the court of last resort (or supreme court) in Hong Kong. Between 2001 and 2010, he held various positions in the High Court of Hong Kong, including Chief Judge, Justice of Appeal, and Judge of the Court of First Instance. Before his judicial career, he was a barrister-at-law in private practice at Temple Chambers, and was qualified to practice in England and Wales, Hong Kong, Australia and Singapore. Early life and education Ma was born in Hong Kong in 1956, the son of an electrical engineer who was educated at the Engineering Faculty of The University of Hong Kong, but his family originally hails from Tianjin. His ancestors were adherents of the Muslim faith, and his great-grandfather had been the imam in the Muslim community in Shanghai before the war. Mr Ma's parents moved to Hong Kong in the late 1940s, but in the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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