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Implementing Security Council Resolutions in Hong Kong: An Examination of the United Nations Sanctions Ordinance.

Authors :
Cheng Yan Ki Bonnie
Source :
Chinese Journal of International Law. Mar2008, Vol. 7 Issue 1, p65-98. 34p.
Publication Year :
2008

Abstract

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 lot 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 pro blems it involves. For comparative purposes, references are to be made to the law of the USA, Canada and Singapore. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
15401650
Volume :
7
Issue :
1
Database :
Academic Search Index
Journal :
Chinese Journal of International Law
Publication Type :
Academic Journal
Accession number :
31639682
Full Text :
https://doi.org/10.1093/chinesejil/jmm048