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Two Paradigms of Emergency Powers
Hualing Fu; Xiaobo Zhai
2020-09-01
Source PublicationHong Kong Law Journal
ISSN0378-0600
Pages1-28
Abstract

Article 18(4) of the Basic Law creates a dual emergency power: the internal emergency power of the Hong Kong Special Administrative Region (HKSAR) and the external emergency power of the National People’s Congress’s Standing Committee of the National People’s Congress(NPCSC). The external and internal emergencies represent two paradigms of emergency regime: the former is based on the state of exception, in which a state manages a crisis, largely independent of legal rules and without constitutional and legal accountability;, and the latter is based on the concept of the rule of law, according to which the emergency power is subject to significant legal constraints. The internal and external emergencies in Hong Kong represent the opposite ends of the long spectrum of emergency law between the liberal Hong Kong and the statist, authoritarian Chinese state. However, the ICCPR minimum requirements of International Covenant on Civil and Political Rights, as provided in the Basic Law, should be and can be observed in both internal and external emergencies. In order tTo maximizse the protection of rights and freedoms while addressing the security concerns, it is necessary for HKSAR to internalisze emergency measures.

KeywordEmergency Powers Basic Law Hong Kong
Language英語English
The Source to ArticlePB_Publication
Document TypeJournal article
CollectionDEPARTMENT OF GLOBAL LEGAL STUDIES
AffiliationUniversity of Hong Kong,University of Macau
Recommended Citation
GB/T 7714
Hualing Fu,Xiaobo Zhai. Two Paradigms of Emergency Powers[J]. Hong Kong Law Journal, 2020, 1-28.
APA Hualing Fu., & Xiaobo Zhai (2020). Two Paradigms of Emergency Powers. Hong Kong Law Journal, 1-28.
MLA Hualing Fu,et al."Two Paradigms of Emergency Powers".Hong Kong Law Journal (2020):1-28.
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