Maintaining Institutional Strength: The Court, the Act of State and the Rule of Law

Fiona de Londras and Cora Chan (eds), China’s National Security and Hong Kong’s Rule of Law (Cambridge: Hart Publishing, 2019), Chapter 14

University of Hong Kong Faculty of Law Research Paper No. 2019/102

25 Pages Posted: 10 Oct 2019 Last revised: 4 Dec 2019

See all articles by Johannes M M Chan

Johannes M M Chan

The University of Hong Kong - Faculty of Law

Date Written: August 15, 2019

Abstract

With a view to strengthening Hong Kong’s institutional protection against challenges arising from national security, this paper explored, for the first time in a comprehensive manner, the relatively unexplored concepts of the act of state and fact of state under the Basic Law. It reviewed the controversial recent practice of a special advocate, and argued that the politically appointed Secretary for Justice should be confined to a political role and that an independent Director of Public Prosecution be established. It proposed ways to strengthen judicial independence and concluded that preserving the core values of Hong Kong is the best way to serve the interests of Mainland China and Hong Kong.

Keywords: Act of State, Fact of State, Special Advocate, national security, political role of Secretary of Justice, judicial independence

Suggested Citation

Chan, Johannes Man-mun, Maintaining Institutional Strength: The Court, the Act of State and the Rule of Law (August 15, 2019). Fiona de Londras and Cora Chan (eds), China’s National Security and Hong Kong’s Rule of Law (Cambridge: Hart Publishing, 2019), Chapter 14 ; University of Hong Kong Faculty of Law Research Paper No. 2019/102. Available at SSRN: https://ssrn.com/abstract=3460451 or http://dx.doi.org/10.2139/ssrn.3460451

Johannes Man-mun Chan (Contact Author)

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

Pokfulam Road
Hong Kong, Hong Kong
China

HOME PAGE: http://hub.hku.hk/rp/rp01292

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