Suchergebnisse

Cover title. ; This essay is a critical commentary on the application of Article 158 of the Basic Law, an issue arising in the Court of Final Appeal's Ruling in the 'Illegal Migrant' Children Cases. If the argument is sustainable, then the validity of the court's ruling regarding the 'de-linking' of Hong Kong's 'certificate of entitlement' scheme for mainland migrant children of Hong Kong permanent residents from the mainland's 'one-way exit permit' scheme is highly questionable. ; published_or_final_version

Cover title. ; Is there any objective legal ground – objective in the sense that it can be recognized as legitimate as a matter of jurisprudence even by lawyers and judges trained in the Common Law tradition – for the Chinese objection to the Statement? It is the purpose of this essay to demonstrate that a qualified 'yes' answer may be given to this question from the perspective of Chinese constitutional law, of which the Hong Kong Basic Law forms a part, and to explore into how the true legal position should best be stated. ; published_or_final_version