Prof Po Jen Yap, Director of CCPL, and Francis Chung published “Statutory rights and de facto constitutional supremacy in Hong Kong?” in the International Journal of Constitutional Law.

Prof Po Jen Yap, Director of CCPL, and Francis Chung published “Statutory rights and de facto constitutional supremacy in Hong Kong?” in the International Journal of Constitutional Law. The article analyzes the cases in which the Hong Kong judiciary has addressed disputes concerning three exclusive BORO rights: (i) the right to participate in public affairs; (ii) the right to a fair hearing in civil cases; and (iii) the prohibition against cruel, inhuman, or degrading treatment or punishment. It also explains how the courts have conferred de facto constitutional supremacy on all these statutory rights, while simultaneously providing significant leeway and decisional space for the government to craft a considered response in their remedial legislation, thereby promoting a constitutional dialogue between the judiciary and the government on rights-protection in Hong Kong. Click here for more information.