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)
34 Pages Posted: 25 Apr 2019 Last revised: 5 Jun 2019
Date Written: March 25, 2019
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
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