AJ 014 Lecture 15: AJ_14_Crim_Law_81

• School: College of The Sequoias
• Department: Administration of Justice (AJ)
• Course: AJ 014
• Professor: Wheeler

Document Summary

The court tries to test the boundary of the authority of hk and mainland (ng ka ling) E. g. the court put the outer limit of autonomy in ng ka ling"s case. The court made the final decisions -> immigration department sought court"s clarification after the end of the case -> bar association stepped in and stopped the re-open of court procedure after the end of the trial. The bar association within 24 hours drafted the paper and prepared for the intervention -> rejected by the court because of no interest involved. Outcome: the court recognised the authority of npc in accordance with the. The issue of right of permanent inhabitation. Classification test -> whether the provision falls under foreign affairs, national security and matters outside hk autonomy -> if no, no referral. Discretion of the court: decide the predominant provision (article 24) to be interpreted entitlement should also be referred for interpretation.