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What do the right if abode cases tell us about judicial independence in Hong Kong and, more broadly, about relations between the central government and Hong Kong?

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  • Essay length: 2249 words
  • Submitted: 19/06/2006
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University Degree English Legal System

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Essay Topic: What do the right if abode cases tell us about judicial independence in Hong Kong and, more broadly, about relations between the central government and Hong Kong?

Introduction

The Basic Law (BL) served as an instrument for the protection of Hong Kong's autonomy, human rights, freedoms and democracy after the changover in 1997. The right of abode cases in 1999 aroused a great challenge to the concepts of "high degree of autonomy", "one country, two systems" and most importantly, the judicial independence that were to be enshrined in the BL for the Hong Kong Special Administrative Region (SAR). Through the cases, more people started noticing some relationships specified in the BL between the central and Hong Kong government, that they used to be overlooked.

This essay mainly comprised of three sections. First, I will define what judicial independence is. Secondly, I will then discuss right of abode cases and the drawbacks they have brought to the judicial system in Hong Kong. With reference to the role of the National People's of Congress (NPC) and the Standard Committee of the National People's of Congress (SCNPC), I will finally analyze the relationships between the central and

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