China critics lose Hong Kong legal challenge
In this story:
July 29, 1997
Web posted at: 8:54 a.m. EDT (1254 GMT)HONG KONG (CNN) -- Hong Kong's unelected, China-appointed legislature survived its first constitutional challenge on Tuesday when the three-judge Court of Appeals ruled unanimously that it does not have the power to judge the legality of the legislature.
Beijing resumed sovereignty over the former British colony four weeks ago. Immediately afterward, the China-installed legislature replaced an elected body.
In another action sparing Hong Kong from a constitutional crisis, the court also upheld the validity of the territory's post-colonial legal system.
Hong Kong is now a Special Administrative Region (SAR) of China and is to be run under a "one country, two systems" policy devised by China to make it an autonomous territory except on matters of defense and international policy.
The British government and Hong Kong's largest party, the Democrats, have claimed that the unelected legislature violates China's pledge to leave the territory's democratic freedoms intact.
One country, two systems?
The court dismissed a claim that pre-handover laws had ceased to be valid and said the Provisional Legislature installed by Beijing on July 1 was legitimately created by China's parliament, the National People's Congress (NPC).
The three judges said Hong Kong courts had no jurisdiction to rule on the legality of the chamber because it was appointed by the NPC, the highest body in China.
Hong Kong's new government, headed by Tung Chee-hwa, welcomed the court's unanimous ruling, saying "the continuity of our legal system is firmly put beyond doubt."
The government's lawyer in the case rejected the notion that Hong Kong had given up some of its rights. "You can't give up what you don't have, and that's the bottom line," said Solicitor General Daniel Fung.
Fung also told CNN that Hong Kong courts have "no power to determine the legality of actions taken by the National People's Congress."
The Provisional Legislature's president also hailed the ruling. "The decision confirms our belief that the Provisional Legislature and its acts are within the bounds of the law -- they are both legitimate," Rita Fan said.
Another challenge promised
But lawyers who fought against the government said Tuesday's ruling was hardly the end of Hong Kong's problems.
"On whether the Provisional Legislature is legal, it will crop up again in other cases," said lawyer Margaret Ng, who was a member of the now defunct Legislative Council that was replaced by the unelected body.
Although the full implication of Tuesday's ruling is far from clear, Yash Ghai of Hong Kong University worries that it could lead to more interference by Beijing and less of the autonomy that was promised to Hong Kong.
"The assumption has been that there is a very clear separation between the legal system of Hong Kong and the rest of China," he told CNN.
"But this (ruling) would suggest that Hong Kong .... can be overriden by the NPC."
Correspondent May Lee and Reuters contributed to this report.
- Message Board: Hong Kong legal challenge
- Newsmaker Profile: Tung Chee-hwa - Hong Kong Chief Executive
- Newsmaker Profile: Jiang Zemin - Chinese President
- Video Almanac: 1984 - Hong Kong transfer agreement
Sound off on our message boards
Tell us what you think!
You said it...
© 1997 Cable News Network, Inc.
All Rights Reserved.