HONG KONG: LAW EXPERT ATTACKS COURT DECISION ON LEGISLATIVE COUNCIL скачать в хорошем качестве

HONG KONG: LAW EXPERT ATTACKS COURT DECISION ON LEGISLATIVE COUNCIL

(30 Jul 1997) English/Nat One of Hong Kong's leading law experts has attacked a Court of Appeal decision upholding the validity of the territory's unelected legislature. Professor Yash Ghai says the ruling delivered on Tuesday was a frontal attack on Hong Kong's rule of law. He said the government's legal victory was a hollow one because the judgement effectively limited what the administration could do. On Wednesday, Hong Kong's Legislative Council building was proudly displaying the flags which show the territory is now part of China. Members of the Provisional Legislature are now enjoying their summer break, no doubt relieved that the government had defeated a challenge to its validity. But following Tuesday's landmark hearing, the territory's leading legal experts have been examining the consequences of the ruling. Judges ruled that Hong Kong's Provisional Legislature was a valid law making body. Hong Kong University professor Yash Ghai said the territory's "high degree of autonomy" laid down in the Basic Law had been nullified by the decision. SOUNDBITE: (English) "So by saying both we can't review what they do and by saying they can do whatever they like, in my view that negates the autonomy of Hong Kong. I mean that means they can do anything and make any decision even if it is a gross violation of the basic law, a gross disregard of the basic law. There's not a thing that we can do" SUPER CAPTION: Professor Yash Ghai, Hong Kong University Speaking at a press conference organised by the Hong Kong Human Rights Monitor, Professor Ghai said he believed the hearing had backfired on the government. SOUNDBITE: (English) "But what amazes me also in that is that the government of Hong Kong S-A-R is raising these issues because of course the effect of these doctrines is to limit the effective autonomy of the Hong Kong S-A-R so it's like digging your own grave. You may win the small case but you lose the war." SUPER CAPTION: Professor Yash Ghai, Hong Kong University The Provisional Legislature may have won this round of the legal challenge but experts are warning the same questions could be raised again in future. One of the most likely problems may come when lawyers begin fighting for the rights of mainland children born to Hong Kong parents to live in the territory. Find out more about AP Archive: http://www.aparchive.com/HowWeWork Twitter:   / ap_archive   Facebook:   / aparchives   ​​ Instagram:   / apnews   You can license this story through AP Archive: http://www.aparchive.com/metadata/you...