Civil Service Training and Development Institute, Civil Service Bureau


WHEN this issue of the Civil Service Newsletter reaches you, the 15th anniversary of the promulgation of the Basic Law is just round the corner.

 

Since April 4, 1990, there has been an abundant and diverse supply of material on the introduction, reports and analysis of the Basic Law. But among this proliferation of information is one long-stayer which has recorded related topics from a legal perspective and with useful information to enhance civil servants' understanding of the Basic Law. That is the 'Basic Law Bulletin'.

Since its launch in 2001, the Bulletin has spanned a variety of topics, some of which have created considerable social resonance still fresh in our minds. For example:

  • the mainlanders' right of abode in Hong Kong

  • the basic rights and responsibilities of Hong Kong citizens

  • the constitutional relationship between Hong Kong and the mainland under the concept of 'a high degree of autonomy'

  • the implementation of China's national laws in Hong Kong

  • Hong Kong's judicial system under the stipulations of the Basic Law

The 'Judgment Update' section in each issue of the Basic Law Bulletin summarises selected current court decisions related to the Basic Law, and delineates how the court interprets and implements the relevant clauses in the Basic Law. Covered in past issues of the Bulletin were:

  • the court's multiple rulings regarding related parties' claim of the right of abode in Hong Kong under BL24(2) (The Director of Immigration v Master Chong Fung-yuen in the 2nd issue)

  • the court's decision regarding the right to use the Chinese language in court as stipulated in BL9 ( Gary Cheng Kai-nam, in the 3rd issue)

  • the Court of Final Appeal's decision that the finality provision in the Legal Practitioners Ordinance (Cap 159) Section 13(1) was invalid ( A Solicitor v The Law Society of Hong Kong and the Secretary for Justice in the 6th issue)

 

Also, 'Sidelights' in the Bulletin introduces constitutional and legal concepts and principles from the perspective of comparative law by highlighting the characteristics and development of the judicial systems in Hong Kong and abroad. Among those introduced were:

  • the Brandeis Brief (3rd issue)

  • the Bill of Rights (4th issue)

  • the Doctrine of Precedent (5th issue)

  • the Margin of Appreciation (6th issue)

If you want to catch up with the Basic Law Bulletin, visit your department's library or resource centre for a good read. You can also go to these websites for the e-version:

The 7th issue of the Basic Law Bulletin will be ready by the end of March 2005. Focusing on the implementation of the Basic Law in retrospect, the issue will also celebrate the 15th anniversary of the promulgation of the Basic Law. Be sure to get hold of a copy!

 

 


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