Hong Kong Basic Law Handbook 2nd ed

Hong Kong Basic Law Handbook continues to be the definitive work for anyone interested in understanding the operation of the Basic Law.

A number of significant developments in constitutional law have taken place since the publication of the first edition in 2015. These include the interpretive power of the Standing Committee of the National People’s Congress under Article 158, the oath-taking requirement under Article 104, freedom of expression, the rights of prisoners, the ability of same-sex partners in civil relationships recognised in other jurisdictions to obtain a dependent visa, and more.

Included are useful appendices on cases: (a) declaring legislation unconstitutional; (b) suspending declaration of unconstitutionality; and (c) cited from other jurisdictions.

Notable cases discussed in this edition include:-

• Yau Wai Ching v Chief Executive of HKSAR (2017) 20 HKCFAR 390 — constitutional requirement of oathtaking in Article 104; interpretation of Basic Law Article 158.
• Chan Ho Tin v Lo Ying Ki Alan [2018] 2 HKLRD 7 — declaration to uphold the Basic Law and pledge allegiance to the HKSAR in LegCo election nomination forms; advocating independence of Hong Kong and abolition of Basic Law.
• Leung Chun Kwong v Secretary for Civil Service [2018] 3 HKLRD 84 — denial of “spousal” benefits of civil servants in samesex marriages.
• Re Leung Lai Fun [2018] 1 HKLRD 523 — circumstances in which decision of Director of Public Prosecutions to not prosecute alleged offence will be reviewed by Court.
• QT v Director of Immigration [2018] HKCFA 28 — Director of Immigration’s refusal to grant dependent visa as dependent of same-sex civil partner.