This website uses cookies to ensure you have the best experience. Learn more

Freedom Of Expression In Hong Kong Since 1997

3061 words - 12 pages

IntroductionBeing a region in which human rights are highly regarded and respected, Hong Kong has been trying her very best to protect the freedom of expression. Since the resumption of Chinese sovereignty, there have been worries that our long history of rule of law and autonomy would be threatened. In light of the recent Court of Appeal decision in Sing Tao Limited v So Wing Keung , the public's attention is drawn to the fact that freedom of expression may be undermined by the call for criminal investigation. Also, from the decisions of a number of constitutional cases and incidents, for instance, the Charter Garden incident and the Court of Appeal decision in Leung Kwok Hung case (which I will mention below), a "red signal" to our freedom seems to have shown.The status of the press and journalism is of paramount importance in Hong Kong. Being a "watch dog" of the events occurring in our dynamic society, its existence indirectly monitors and regulates the conduct of the public. Without it, our welfare may be undermined. This paper will focus on some constitutional cases and incidents to investigate and comment on the status of human rights and freedom enjoyed by Hong Kong citizens.Freedom of expression in Hong Kong since 1997The Hong Kong Bills of Rights Ordinance (HKBORO) came into effect on 8 June 1991, which for the first time introduced to the territory the active protection of fundamental human rights and freedoms by incorporating ICCPR as applied to Hong Kong. Moreover, after the changeover, the Basic Law further protects the aforesaid rights by making them constitutionally guaranteed . ICCPR is also incorporated in the domestic law of Hong Kong through the Basic Law . Article 19 of the ICCPR highlighted the protection of freedom of expression, which is reproduced in the HKBORO . As a result, the Basic Law and ICCPR provide dual protection of the fundamental human rights in Hong Kong.However, the protection of these rights is by no means absolute and is subject to restrictions. From the decision in Gurung Kesh Bahadur v Director of Immigration , it can be inferred that if a certain right is protected by the Basic Law and ICCPR at the same time, the minimum standard of restriction stipulated in the ICCPR should be followed. The situation would be different if it is only a Basic Law right. However, this does not concern us here since freedom of expression is protected both by the Basic Law and the ICCPR.Accordingly, Article 19(3) stipulated the permissible limitations. In addition to the "prescribed by law" requirement, the restriction has to be for respect of the rights or reputation of others, or for the protection of national security or of public order (ordre public), or of public health or morals. Also, the restrictive measures must be necessary and proportionate to the aims sought to be achieved.Ng Kung Siu caseThe limitation for the protection of public order has been the centre of controversy since the resumption of sovereignty. In...

Find Another Essay On Freedom of expression in Hong Kong since 1997

Homosexuality in Hong Kong Essay

1807 words - 7 pages communities have faced the challenge from homosexuals, but also lesbians and gays are fighting for their civil rights in courtrooms, streets and other public places. Since 1969 in United States, the movements of civil rights for homosexuals have fulfilled great achievements in some aspects (Tricia, 2000, p.12). It is easy to obtain a long list of gay holidays in different countries by searching on the Internet. However, the name of Hong Kong could not be

Prostitution in Hong Kong Essay

2547 words - 10 pages females since the males will be specifically called male prostitution (Ditmore, 2006). Furthermore, in views of the current situation in Hong Kong, female sex workers are the dominant participators. For respect, “sex worker” will be used in calling those who participate in sex industry. Overall situation around the world There are mainly four type of attitudes toward prostitution: legalization, decriminalization, abolition and prohibition (Gangoli

Hong Kong In 2051

1303 words - 5 pages methane crisis, and the government is doing all it can to stop the liberation of the gas. Well I guess this is the result of people from my generation who were not concern much about the environment and did not do their best to protect it. Secondly, the first cloned baby in Hong Kong is finally born. The human genome project have been going on since I was a teenager, but I have never been in favour of this idea, and I even think that is

Obesity in Hong Kong

706 words - 3 pages 1. Introduction: In Hong Kong, the problem of obesity is quite serious. According to the Population Health Survey 2003/2004 commissioned by The Department of Health, around 18% of the population aged 15 and above were overweight and around a quarter of the population were obese. [1] In spite of this, in order to tackle this problem effectively, the causes of the problem will be evaluated and the different preventative measures will be suggested

History of Hong Kong

782 words - 3 pages approach to tourism. There should be more co-ordination and information sharing amongst the organizations concerned. In my opinion, to make Hong Kong more attractive, the Government should maintain a steady increase in hotel supply in line with the long term growth of inbound tourism. Furthermore, more effort should be devoted to environmental protection and upgrading. Since air pollution caused by heavy car traffic and contruction works, and water

Civil culture in Hong Kong

1573 words - 6 pages that although Hong Kong people are deprived of political power, they are compensated for through the freedom to make money under fair legal system. The ever blooming economy since 1980 has increased the wealth of Hong Kong to the extent that economic affairs matter than political. Public generally appreciated the government's effort's at promoting economic development therefore the interest between the government and the public came without great

popular nomination in hong kong

1310 words - 5 pages adopted in Hong Kong.' (Song, 2014) In this case, although Hong Kong has its own law and system, the international standard should still be available in Hong Kong since Hong Kong is a part of the world. According to the article 21 of Universal Declaration of Human Rights (UDHR), 'everyone has the rights to take part in the government of the city, to equal access to public service in this country and the will of people shall be the basis of the

British Colonization of Hong Kong

1626 words - 7 pages News. BBC, 07 Jan. 1997. Web. 11 May 2014. . Boland, Rory. "Democracy, Press and Freedom in the Hong Kong SAR." . About.com, 1 Jan. 2014. Web. 17 May 2014. . "Consequence of the Cultural Revolution." Www.global.britannica.com. N.p., n.d. Web. 13 May 2014

business law in hong kong

826 words - 3 pages . There are numbers of immigration policies currently adopted by the immigration department of Hong Kong, Quality Migrant Admission Scheme (QMAS) and Capital Investment Entrant Scheme (CIES) are the most famous among all.To start with, Quality Migrant Admission Scheme refers to acquire of diverse talented or high technique person to stay and live in Hong Kong as a local citizen, in order to raise the international competitiveness of her. People

Air pollution in hong kong

628 words - 3 pages Class: 5D Name: Cheung Ching Him, Anson Number: (7) Air pollution in Hong Kong 'I durst not laugh for fear of opening my lips and receiving the bad air,' wrote William Shakespeare. Many people may feel the same the way when they are walking in Hong Kong streets. Air pollution in Hong Kong is often so bad that it is impossible to see across Victoria Harbour due to all the haze and smog. In this essay, I am writing to raise several concerns about

minimum wage in hong kong

611 words - 2 pages consumers resulting in unnecessary inflation.Increase unemployment rate of low-skill workersUndermine the competitiveness of companies operating in Honk Kong because of the increase in labour costs.Due to minimum wage law, the situation of Hong Kong society has been improved after the implementation of law, such as decreasing number of Comprehensive Social Security Assistance (CSSA) beneficiaries, narrowing the wealth gap and enhancing social

Similar Essays

Hong Kong Before And After 1997

2076 words - 9 pages Introduction Before 1997, Hong Kong was being the colony of the United Kingdom, politics in Hong Kong is different from the mainland China and it is unique from other countries. After 1997, the sovereignty of Hong Kong is regressed to China, then the Hong Kong politics was under the foundation of ‘One Country Two systems’ and it is regulated by the Basic Low of Hong Kong. In almost each countries’ political system, political parties would be

With The Emergence Of Party Politics In Hong Kong, Discuss The Place Of Political Parties In The Hong Kong Polity. Assess Their Prospective Development Both Before And After 1997

1968 words - 8 pages system. However, the situation reversed after the penetration of the Peoples Republic of China (PRC) into Hong Kong politics which spent much effort to impose constraints on them. In the entire part of the paper, we will take a look to the place of political parties in the Hong Kong polity and their development both before and after 1997.In Western Europe such as Britain, political parties which gain most seats in the parliament can capture the

How Has Tourism Influenced The Economy Of Hong Kong Since 2003

2765 words - 11 pages complicated and luxurious lobbying by groups that wished to uphold the status quo (Atwood, N. 2002, 172-177). Since the downfall of the act, there has been a speedy augment in the formation of for-profit health and mental health care organizations in the United Kingdom. This research discusses the managed care proposal sweeping the nation and their thoughtful belongings on the way social workers transport services to people with severe mental illness

An Investigation Of Language In Hong Kong

1382 words - 6 pages classmates (38, 45.8%) and her roommates (18, 21.7%). The communication with staff members, including shop assistants, cashiers and librarians, took up 19.3% (16), and there were 6% of interaction entries (5) that were produced with professor (and classmates). The interaction between the subject and her family members was very limited (3, 3.6%), since her family is not living with her in Hong Kong, and she contacted her family only through phone