Chinese Journal of International Law Advance Access published online on January 24, 2008
Chinese Journal of International Law, doi:10.1093/chinesejil/jmm048
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© The Author 2007. Published by Oxford University Press. All rights reserved
Implementing Security Council Resolutions in Hong Kong: An Examination of the United Nations Sanctions Ordinance
The United Nations Sanctions Ordinance is the primary legal basis of the Hong Kong Special Administrative Region (HKSAR) for implementing the United Nations Security Council's resolutions. However, there are concerns that the Ordinance is potentially violating the separation of powers in its delegation of regulation-making authority to the executive. There are also criticisms against the expediency of the Ordinance as a mechanism for enforcing Security Council sanctions. Against this background, this paper attempts to examine the separation of powers doctrine, its place in HKSAR's constitutional system and its relevance to the Ordinance. On the issue of expediency, this paper focuses on the scope and speed of implementing the sanctions, and the human rights and criminal justice problems it involves. For comparative purposes, references are to be made to the law of the USA, Canada and Singapore.
* BSocSci (Government and Laws) (HKU); LLB (HKU). This article originates from a guided research course at the University of Hong Kong. I am indebted to Professor Simon N.M. Young for his superb scholarly guidance throughout the entire process of research and drafting. I also wish to thank Professor Peter Wesley-Smith, who provided valuable comments on several important points in this paper. This paper was completed on 26 November 2007. An earlier draft of the paper was awarded the Rowdget W. Young Medal in Law from the HKU Faculty of Law, on the basis of my attaining the highest score in the guided research course. I would be very grateful if any comments on the paper could be directed to chengbonnie{at}gmail.com. Some frequently used abbreviations in this article are HKLJ for Hong Kong Law Journal; UNSO for United Nations Sanctions Ordinance; HKLRD for Hong Kong Law Reports & Digest; LegCo for Legislative Council, CESO for Customs and Excise Service Ordinance; MFA for Ministry of Foreign Affairs; IGCO for Interpretation and General Clauses Ordinance; CFA for Court of Final Appeal; CFI for Court of First Instance; FOO for Fugitives Offenders Ordinance; FC for functional constituencies; UNATMO for United Nations (Anti-Terrorism Measures) Ordinance; UNSAAR for United Nations Sanctions (Afghanistan) (Amendment) Regulation 2002; DFAIT for Department of Foreign Affairs and International Trade and SCMP for South China Morning Post.