11 Jun 2021
LUI CHI HANG, HENDRICK v. SECRETARY FOR JUSTICE AND ANOTHER
- Citation
- [2021] HKCA 871
- Court
- Court of Appeal
- Case number
- CACV10/2019
Applying a purposive construction of the Basic Law and treating it as a living instrument, the Court held that the Ordinance (Cap. 632), including the deeming provision in section 6, does not contravene BL 18 or BL 19 because it is a narrow, necessary measure implementing a co-operation arrangement approved through the three-step process, it does not alter the HKSAR territorial boundary, preserves reserved matters for Hong Kong jurisdiction, and is consistent with the HKSAR's high degree of autonomy; the NPCSC Decision is a highly persuasive interpretative factor.