Reflections on the Chinese Constitution and its Relation to the Basic Law of the Hong Kong Administration Region

Author
Jerome A. Cohen
Content Type
Working Paper
Institution
Council on Foreign Relations
Abstract
My talk today has two parts. The first will comment on the roles of the various actors in the famous decision of the Hong Kong Court of Final Appeal in the “right of abode” cases and the subsequent interpretation of the Basic Law by the Standing Committee of the National People's Congress (“Standing Committee” or “NPCSC”). The second part will focus specifically on a fundamental and immediate constitutional question now confronting the various actors - whether an interpretation of the Basic Law by the NPCSC is binding on the courts of the Hong Kong Special Administrative Region (“HKSAR”).
Topic
Foreign Policy, International Law
Political Geography
China, Asia, Hong Kong