Judicial Review of the Legislative Process in Hong Kong: A Comparative Perspective

This article examines the deferential approach to judicial review of the legislative process as adopted by the Court of Final Appeal in Leung Kwok Hung v. The President of Hong Kong Legislative Council. Through a comparative analysis, it explains that the underlying basis on which the doctrines of separation of powers and the parliamentary privilege of exclusive cognizance, and the corresponding principle of non-intervention, are significantly different in Hong Kong. Given Hong Kong’s semi-democratic system under the ‘one country, two systems’ rubric, it argues for a less traditional allocation of power between the different institutions of government and a more assertive judiciary vis-à-vis the legislature. Moreover, it suggests the necessity of developing a human-rights-based approach to the adjudication concerning the non-intervention principle in order to maintain its common law system with liberal principles under the ‘one country, two systems’ rubric.