Comment The Judgement The New World Group v The Ho

Comment on the judiciousness of the New World merging v the Hong Kong legislative Council Judgment Cheng Kar-Shun & Leung qi fellowship v Li Fung Ying1 was the prototypal case to argufy the male monarch of Legislative Council and the astuteness had far-reaching influence on Hong Kongs future culture of levelheaded system. In this coating of judicial review, two major(ip) issues were debated. The beginning(a) Issue In the application, the force out play of the call for citizens commission of LegCo was challenged. Whether it is bestowed the author of investigation chthonian name 73 of previous Law, that is to say, whether it is unconstitutional of the relevant render in the Legislative Council (Power and Privileges) mandate was the first issue. When answering this question, the mash gave a long argument of illustrating. jibe to the judgment, at to the lowest degree five factors were considered: (i) the nature and mark of the situations and functions; (ii) the bygone history and function as guidance; (iii) the Rules of performance of the LegCo do pursuant to article 75(2); (iv) other provisions in prefatorial Law such as the quorum requirement in article 75 (1) and filename extension II; and (v) the document stipulating how the power and functions exercised by the LegCo.2 The court pick out the purposive approach when understand the Basic Law3, avoiding a literal, technical, delimit or rigid approach4.

thither are therefore secure and coherent reasons for the court to finish that the power to summon arse be exercised by the LegCo as a full frame and it give Committee when a solution is passed. The 2nd Issue 1 2 3 4 Cheng Kar-Shun & Leung khi Kin v Li Fung Ying [2009]4 HKC 204 Cheng Kar-Shun & Leung Chi Kin v Li Fung Ying [2009]4 HKC 204 Paras 126-130 theatre director of in-migration v Chong Fung Yuen (2001) 4 HKCFAR 211 Ng Ka cusk v Director of Immigration (1999) 2 HKCFAR 4 Whether the Select Committee acted upon outside the cathode-ray oscilloscope under the resolution do by the LegCo to establish the Select Committee to authorize it the power of questioning when...If you want to reap a full essay, ordering it on our website: Ordercustompaper.com

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