Comment The Judgement The New World Group v The Ho

Comment on the judgement of the New World shock v the Hong Kong legislative Council Judgment Cheng Kar-Shun & Leung Chi fellowship v Li Fung Ying1 was the prototypal case to challenge the male milkweed butterfly of Legislative Council and the astuteness had far-reaching influence on Hong Kongs succeeding(a) development of levelheaded system. In this application of judicial review, cardinal major issues were debated. The beginning(a) Issue In the application, the force play of the distinguish citizens committee of LegCo was challenged. Whether it is bestowed the power of investigation under article 73 of introductory Law, that is to say, whether it is unconstitutional of the relevant provision in the Legislative Council (Power and Privileges) Ordinance was the first issue. When answering this question, the greet gave a languish reasoning of illustrating. jibe to the judgment, at least five factors were considered: (i) the nature and purpose of the powers and f unctions; (ii) the bygone history and usage as commission; (iii) the Rules of Procedure of the LegCo do pursuant to article 75(2); (iv) other aliment in prefatorial Law such as the quorum essential in article 75 (1) and Annex II; and (v) the muniment stipulating how the power and functions exercised by the LegCo.2 The court adopted the purposive come along when interpreting the Basic Law3, avoiding a literal, technical, narrow or stern approach4.

There are therefore good and coherent reasons for the court to conclude that the power to summon can be exercised by the LegCo as a full body and it Select delegation when a solution is passed. The 2nd Issue 1 2 3 4 Cheng Kar-Shun & Leung Chi Kin v Li Fung Ying [2009]4 HKC ! 204 Cheng Kar-Shun & Leung Chi Kin v Li Fung Ying [2009]4 HKC 204 Paras 126-130 theatre director of immigration v Chong Fung Yuen (2001) 4 HKCFAR 211 Ng Ka cusk v Director of Immigration (1999) 2 HKCFAR 4 Whether the Select Committee acted upon alfresco the scope under the resolution made by the LegCo to leaven the Select Committee to authorize it the power of questioning when...If you indigence to get a full essay, order it on our website: OrderEssay.net

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