香港特区法院的司法审查权 (On the Jurisdiction of the Courts of the Hong Kong Special Administrative Region)
《二十一世纪》双月刊（21st Century）, 年第二期（No. 124， 2011)
2 Pages Posted: 15 Jul 2011 Last revised: 24 Jan 2014
Article 19(2) of the Basic Law of the HKSAR states that “The courts of the Hong Kong Special Administrative Region shall have jurisdiction over all cases in the Region, except that the restrictions on their jurisdiction imposed by the legal system and principles previously in force in Hong Kong shall be maintained.” However the jurisdiction of the courts of the HKSAR has been questioned in theory as well as in practice. This article aims at, first, examining the recognition and grounds of the jurisdiction of the courts under the Basic Law and case law, and then discovering the nature and substance of the jurisdiction. It further defines the boundary of judicial power and the limits of judicial review based on the current law including case law. Along with the above discussion, it offers its comments on the mainstream viewpoints on the subject.
Note: Downloadable document is in Chinese.
Keywords: The Basic Law of Hong Kong, Jurisdiction of the Courts of Hong Kong, Hong Kong Law / 香港基本法； 法院管辖权；香港法
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