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Showing posts from November, 2019

香港法院無權裁定法律是否違憲?

(人大法工委話香港法院無權審查香港法律是否違反基本法) 本身呢排唔想講太多法律嘅細節嘢,但今日呢單真係夠晒爆。 從法理上嚟講,其實人大法工委嘅講法係經得起推敲嘅。「1997年人大常委已經檢視並決定香港法例符合基本法」的確係事實嚟。當時,少量違反《基本法》嘅英殖時代法例都同時被廢除。喺咁嘅觀點下,香港法庭貿然同人大常委唱反調,話人大常委已批閱嘅法例違反《基本法》,當然係越權。 但係,香港終審法院一早喺 Ng Ka Ling 案清楚表明法庭有權,亦有負任,去判定法例係咪符合《基本法》: // In exercising their judicial power conferred by the Basic Law, the courts of the Region have a duty to enforce and interpret that Law. They undoubtedly have the jurisdiction to examine whether legislation enacted by the legislature of the Region or acts of the executive authorities of the Region are consistent with the Basic Law and, if found to be inconsistent, to hold them to be invalid. The exercise of this jurisdiction is a matter of obligation, not of discretion so that if inconsistency is established, the courts are bound to hold that a law or executive act is invalid at least to the extent of the inconsistency. Although this has not been questioned, it is right that we should take this opportunity of stating it unequivocally. In exercis...