Government-Sponsored Religious Education in Hong Kong after the Catholic Diocese of Hong Kong v. Secretary for Justice

3(2) Oxford Journal of Law and Religion 340-346 (2014)

University of Hong Kong Faculty of Law Research Paper No. 2013/047

7 Pages Posted: 8 Apr 2014 Last revised: 1 Dec 2014

See all articles by Shue Sing Churk

Shue Sing Churk

Independent

Jianlin Chen

University of Melbourne - Melbourne Law School

Date Written: 2014

Abstract

This comment critically examines an important landmark case decided by the Hong Kong Court of Final Appeal, Catholic Diocese of Hong Kong v Secretary for Justice, which defined the relationship between the church and state in Hong Kong. Specifically, this Comment highlights the court’s problematic interpretation of article 143(3) of the Basic Law, which, while attempting to reach a pragmatic compromise between preserving the government’s flexibility to modify existing educational policy and safeguarding the freedom of religious organizations, is nevertheless inconsistent with the text. This comment also discusses the implications of the case on the state establishment of religion.

Keywords: law and religion; Hong Kong law; religious education; church and state

JEL Classification: K49

Suggested Citation

Churk, Shue Sing and Chen, Jianlin, Government-Sponsored Religious Education in Hong Kong after the Catholic Diocese of Hong Kong v. Secretary for Justice (2014). 3(2) Oxford Journal of Law and Religion 340-346 (2014), University of Hong Kong Faculty of Law Research Paper No. 2013/047, Available at SSRN: https://ssrn.com/abstract=2420681

Jianlin Chen

University of Melbourne - Melbourne Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
105
Abstract Views
890
Rank
462,937
PlumX Metrics