Statement on the Court of Final Appeal Right of Abode Cases

29 January 1999


Hong Kong Human Rights Monitor welcomes the Court of Final Appeal in the children's' right of abode cases.

We are pleased that the Court of Final Appeal has:--

  1. upheld the primacy of the Basic Law;
  2. without hesitation struck down legislation inconsistent with it;
  3. declined to refer the case to the Standing Committee of the National People's Congress; and
  4. emphasized that it is for the courts of Hong Kong to determine whether an act of the National People's Congress or its Standing Committee is inconsistent with the Basic Law.

The court has renewed public confidence in the rule of law and the ability of the Hong Kong courts to adjudicate fairly and authoritatively on difficult constitutional issues irrespective of political embarrassment to the Government.


1999 (c) Hong Kong Human Rights Monitor