Since the Basic Law came
into effect on July 1, 1997, Hong Kong
has, for the first time, a detailed written
constitution. Litigants are able to base
their arguments on provisions of the Basic
Law and challenge actions that they believe
are inconsistent with them.
Legal challenges based
on the Basic Law have been launched in
a wide variety of cases. One significant
group of cases focused on the right of
abode in Hong Kong of various categories
of persons. Other constitutional challenges
have included the right to use the Chinese
language in courts, the freedom to travel
and enter the HKSAR, the power of final
adjudication of the Court of Final Appeal,
the right to legal representation and
freedom of speech and assembly. The gradual
development of a body of jurisprudence
on the Basic Law serves to reinforce its
effectiveness in determining the rights,
obligations, powers and privileges guaranteed
to the people of Hong Kong. |