Criticism from China’s rubber-stamp parliament of a Hong Kong court decision is raising concerns that Beijing may move to flex its legal muscles and overrule the verdict.
That’s laying bare the limits of the “one country, two systems” framework under which Hong Kong is granted a “high degree of autonomy” by Beijing, threatening the independence of the territory’s judiciary and tightening Beijing’s political control — fears that have helped fuel the nearly 6-month-old protest movement in Hong Kong.
Laws already on the books, such as the Emergency Regulations Ordinance, were included in the territory’s legal code after the 1997 handover from British colonial control unless otherwise ruled out by the National People’s Congress. China’s ruling Communist Party thoroughly rejects the concept of an independent judiciary or a Western-style separation of powers, putting it at fundamental odds with Hong Kong’s legal system based on British and American law. Chinese leaders wanting to end violence and restore law and order in Hong Kong have emphasized the need for Lam’s administration, the legislature and the judiciary to work in unity toward that goal.
That could mean the Congress is placing any number of laws “outside the purview of constitutional review by the courts of Hong Kong,” the blog NPC Observer said in an analysis of the statement.
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