Constitutional Review Under the Basic Law: The Rise, Retreat and Resurgence of Judicial Power in Hong Kong

In this article, the author argues that the Court of Final Appeal is now cognisant of the repercussions of their decisions and has adopted a pragmatic view toward their adjudicatory role. Where decisions implicate the validity of PRC laws or NPCSC decisions, the Court defers to the Central Government. Notwithstanding the Court’s recognition of the supremacy of the NPCSC, the Court has remained diligent in preserving its prerogative as the primary interpreter of the Basic Law. Where disputes concern alleged human rights violations that have law and order implications in Hong Kong, the Courts are generally conservative and afford the Legislature or the Executive much latitude in maintaining peace and stability. With regard to disputes with neither NPCSC nor domestic law and order implications, the Court is confident that any political backlash against an adverse decision would be minimal; in these instances, the Court is enthused about providing a generous interpretation of the Basic Law.