Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Legality of the provisional legislative council

Legal area

Court

20 May 1998

YEUNG NI NI v. THE DIRECTOR OF IMMIGRATION

Citation

YEUNG NI NI v. THE DIRECTOR OF IMMIGRATION
Court

Court of Appeal
Case number

CACV218/1997

The Court of Appeal's earlier determination in HKSAR v Ma Wai-kwan that the Provisional Legislative Council was legally constituted formed part of the ratio decidendi and is binding on this Court; accordingly the Immigration (Amendment) (No.2) Ordinance 1997 and the Immigration (Amendment) (No.3) Ordinance 1997 were validly enacted by a competent legislature in the circumstances before the Court.
29 Jul 1997

HKSAR v. MA WAI KWAN DAVID AND OTHERS

Citation

HKSAR v. MA WAI KWAN DAVID AND OTHERS
Court

Court of Appeal
Case number

CAQL1/1997

On true construction of the Basic Law the laws previously in force in Hong Kong, including the common law, were adopted as the laws of the HKSAR on 1 July 1997 without a separate act of adoption; documents, rights and obligations (including indictments and pending proceedings) continued in force; the Provisional Legislative Council was lawfully constituted by the Preparatory Committee within powers conferred by NPC decisions and was ratified by the NPC, and HKSAR courts may examine existence/authority of sovereign/NPC acts but not impeach their validity; accordingly both reserved questions ar…