Enforcement of the ICCPR in Hong Kong has moved from domestication to internationalization. Observers suggested that Hong Kong’s common law tradition, the post-1997 new constitutional order and the impact of foreign judges are the main reasons. Yet little research has assessed these hypotheses. Since Hong Kong has been a common law jurisdiction and since many other common law jurisdictions do not necessarily take the internationalist approach, it is worthwhile to understand the conditions and catalysts of transformation in this process. The main explanandum in this paper is application of international and foreign sources of law (including case law) in the Hong Kong judgments. My focus is the Court of Final Appeals (CFA) between 1997-2019. I will examine cases adjudicated by the CFA and see how and why the CFA chose to apply foreign and international laws and what factors are critical in the decision-making process.
A light lunch will be available.
This lecture qualifies for one CPD credit.
ABOUT THE SPEAKER
Jie Cheng is an Associate Professor of Law at the Peter A. Allard School of Law, University of British Columbia since 2019. Prior to the Allard School of Law, Professor Cheng held a position of Associate Professor of Law at Tsinghua University School of Law. Her research interests include Chinese constitutional law, federalism in China, comparative judicial politics, information security law, as well as Hong Kong and Macau Basic Laws. She was seconded to the Hong Kong and Macau Basic Laws Commissions of the National People’s Congress Standing Committee from 2006-7. She was involved in drafting China’s national open government information law and the Beijing Municipal open government information statute. Since 2010, she has been appointed to the Beijing Municipal Administrative Review Commission as external reviewer of administrative cases. Professor Cheng has authored several books and over 30 articles in major Chinese law journals. Professor Cheng was a Nathaniel Fensterstock Visiting Associate Professor of Law at Columbia Law School in the fall of 2013 and Bates Lea Exchange Professor of Michigan Law School in Fall 2015. She has also held visiting appointments at Oslo University, Sciences Po Paris, Chicago University, Hong Kong University and Chinese University of Hong Kong.
- Allard School of Law
- Continuing Professional Development
