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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 Ordi- nance is potentially violating the separation of powers in its delegation of regu- lation-making authority to the executive. There are also criticisms against the expediency of the Ordinance as a mechanism for enforcing Security Council sanc- tions. 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 pro- blems it involves. For comparative purposes, references are to be made to the law of the USA, Canada and Singapore.

This article examines the controversy that arose from the Hong Kong government’s plan to extend the South East New Territories landfill in Tseung Kwan O into the Clear Water Bay Country Park, particularly how the proposed landfill extension led to a confrontation between the government and the legislature. The authors argue that Section 14 of the Country Parks Ordinance (Cap 208) imposes an obligation on the Chief Executive to make an order which he is not free to repeal afterwards. This arrangement comports with the overall statutory scheme and purpose of the legislation which features a four-stage process with mechanisms for public consultation. The controversy calls into question the efficacy of this four-stage process as well as that of the environmental impact assessment regime. The authors suggest that there is a need to consider strengthening the statutory mechanism for public involvement to prevent a repetition of the present controversy. This article also examines the broader issue of the territory’s waste management strategy and the need for more environmentally sustainable policies.