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Response of the Hong Kong Bar Association to Beijing’s White Paper on the “One Country, Two Systems” Policy in Hong Kong

June 11, 2014

In this statement, the Hong Kong Bar Association (HKBA) responds to three aspects of the White Paper, “The Practice of the ‘One Country, Two Systems’ Policy in the Hong Kong Special Administrative Region (HKSAR),” issued by the Information Office of the State Council on June 10. All three aspects concern the HKSAR’s judiciary and its independence. The HKBA states that respect for the rule of law means far more than merely “doing things according to law” or “governing according to law,” and judges and judicial officers of the HKSAR should not be viewed as part of a “governance team upon whom a political requirement is imposed.” The statement also argues that Hong Kong judges should not rule on cases in accordance with or accept any existing “correct” interpretations of the Basic Law, but, instead, should interpret the law based on the arguments, facts, and evidence presented in a case, and in an open and transparent judicial setting.


概述:香港大律师公会就中国国新办于6月10日发表的《“一国两制”在香港特别行政区的实践》其中三点作出回应,均涉及香港特别行政区的司法机构和司法独立这一香港核心价值。香港大律师公会认为,尊重法治远超乎只求 “依法办事”或 “依法施政”,法官或司法人员不应被视为“治港者”,香港的法官和法院在判案时不应也不会接受任何对基本法 “一锤定音式的最终解读”。

HK Bar Association's statement on Beijing's whitepaper

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