ABSTRACT:

There is a growing demand for a widely vetted and broadly accepted indicator to measure achievements in the progressive realization of economic, social and cultural rights due to the ambiguity and uncertainty on the principle of ‘progr...

序言：  香港法律中英文本「同等真確」之法定原則

自殖民年代，香港一直沿用普通法，縱使回歸後，基本法亦保障原有法律制度依舊不變。[1]普通法始於英國，傳統固以英語運作，但香港人的母語是中文，早在英殖時期已不斷有爭取中文為法定語文的運動發生，直至1989年，香港首條同時以中、英文寫成和頒佈的法例才正式面世。[2]雖然根據基本法第九條，中、英文皆為香港的法律語文，[3]惟若同一條法例中、英文版本意義不吻合時，法庭該如何應對呢？這議題曾引發甚囂塵上的爭論，卻迄未出現清晰劃一的答案。[4]

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ABSTRACT:

It has been propounded that Internet Service Providers (ISPs) are neutral messengers for internet users’ expressions and thus imposing copyright infringement liability onto them is unfair and will impinge on freedom of expression. With...

Introduction

When people say something is “better”, they could mean different things. In arguing whether greater compliance with rule of law make a legal system better, we risk talking past each other and ending up in a chorus of confusion. In t...

​Introduction (Abstract)

How the law interacts with our moral judgment in deciding whether and how to act is a topic that sparks much debate among legal philosophers. One has to distinguish between “obey” in two different senses of the word. The...

I.  INTRODUCTION

In 1992, the International Commission of Jurists reported its findings on Hong Kong. The report concluded that “there [was] no evidence of any demand on the part of the people for Hong Kong to be fully independent”, and that “no...

Introduction

At first glance, ‘Occupy Central’ is not at all unfamiliar as it bears some resemblance with the renowned ‘Occupy Wall Street’ protest movement back in 2011 in the United States. The protestors first occupied the Zuccotti Park, whic...

Introduction

Legal scholars such as Paul Craig and Tom Hickman disagree on whether the proportionality test should be applicable to every exercise of governmental power and also that the proportionality test should be the only substantive ground...

Introduction

Albert Camus once wrote, “a free press can of course be good or bad, but most certainly without freedom the press will never be anything but bad.”[1] In the recent interlocutory injunction application The University of Hong Kong v C...

Introduction

The doctrine of separation of powers and the rule of law are core values in many modern jurisdictions, such as the United Kingdom, Hong Kong and Israel. The court’s role is to ensure that laws are followed by everyone in the jurisdi...