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Hong Kong; Hong Kong Special Administrative Region; HKSAR; Court of Final Appeal; CFA; Basic Law; the Basic Law of the Hong Kong Special Adminstrative Region of the People's Republic of China; localists; localism; political speech; free expression; free speech; freedom of speech; China; People's Republic of China; PRC; rights; Standing Committee of the National People's Congress; NPCSC; one country
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Full-Text Articles in Legal Profession
Grinding Down The Edges Of The Free Expression Right In Hong Kong, Stuart Hargreaves
Grinding Down The Edges Of The Free Expression Right In Hong Kong, Stuart Hargreaves
Brooklyn Journal of International Law
In the liberal-democratic tradition limits on speech must be clear, precise, and subject to justification within the particular constitutional framework of a given jurisdiction. In the Hong Kong Special Administrative Region (HKSAR), the Court of Final Appeal has developed a line of jurisprudence that explains under which circumstances the Government of Hong Kong (Government) may seek to limit the free speech provisions contained within the Basic Law, Hong Kong's quasi-constitution. In its fight against ‘localists,’ however, rather than legislating a clear speech restriction that is consistent with this jurisprudence, the Government has instead attempted to suppress unwelcome political speech in …