The Oath-Taking Cases and the NPCSC Interpretation of 2016: Interface of Common Law and Chinese Law

Hong Kong Law Journal 49(1): 381-415 (2019)

University of Hong Kong Faculty of Law Research Paper No. 2019/027

34 Pages Posted: 25 Apr 2019 Last revised: 5 Jun 2019

See all articles by Han Zhu

Han Zhu

Centre for Chinese Law, The University of Hong Kong Faculty of Law

Albert H. Y. Chen

The University of Hong Kong - Faculty of Law

Date Written: March 25, 2019

Abstract

The oath-taking cases involving the disqualification of six Legislative Councillors in Hong Kong and the National People’s Congress (NPCSC) Interpretation in 2016 on oath taking were highly controversial. This article traces the origins of the oath-taking law in Hong Kong to its English roots and explains the difference today between the consequences of failure to comply with the oath-taking requirements by Hong Kong legislators on the one hand and by British Members of Parliament on the other hand. It analyses the distinction between interpretation, supplementation and amendment of the Basic Law in the context of NPCSC interpretations. It also considers the circumstances in which an NPCSC interpretation should have retrospective effect.

Keywords: Oath Taking; Hong Kong; NPCSC Interpretation

Suggested Citation

Zhu, Han and Chen, Albert H. Y., The Oath-Taking Cases and the NPCSC Interpretation of 2016: Interface of Common Law and Chinese Law (March 25, 2019). Hong Kong Law Journal 49(1): 381-415 (2019); University of Hong Kong Faculty of Law Research Paper No. 2019/027. Available at SSRN: https://ssrn.com/abstract=3359527

Han Zhu (Contact Author)

Centre for Chinese Law, The University of Hong Kong Faculty of Law ( email )

Pokfulam Road
Hong Kong, Pokfulam HK
China

Albert H. Y. Chen

The University of Hong Kong - Faculty of Law ( email )

Pokfulam Road
Hong Kong, Hong Kong
China

HOME PAGE: http://hub.hku.hk/rp/rp01240

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