#Breaking China’s legislature: Hong Kong courts have no power to rule on constitutionality of the city’s legislation with regards to Basic Law, after HK High Court nullified face mask ban. A major contradiction of common-law judicial review in HK @zuibrahim @hkchrislau @alvinllum 
“[China’s] constitution and the Basic Law jointly form the constitutional foundation of [HK]. Whether HK’s legislation is consistent with the HK Basic Law can only judged and decided by the National People’s Congress standing committee. No other parties can judge or decide.”
The National People’s Congress goes on to condemn the HK judgment as “severely weakening the legally enshrined power to govern enjoyed by the Chief Executive.” A clear political take on legal principles, & critical test for Carrie Lam on whether to side w/ Beijing or HK judiciary
Remains unclear what NPC intends to do next. Stripping HK judiciary of the power of judicial review? Imposing a new “interpretation” nullifying the HK judgment? Either way, an erosion of HK’s judicial independence, all thanks to Carrie Lam’s questionable, unenforceable ban...
My analysis: Beijing is probably especially furious on HK courts after President Xi specifically asked HK judiciary to punish law-breakers. Latest judgment, which invalidated Carrie Lam’s law, would surely be seen as a slap on Xi’s face for the hawkish officials in Beijing.
Extradition bill > protests > Carrie Lam: face mask ban > judicial review > court: government loses > Beijing: hold on a second, HK courts have no right to decide on constitutionality. What next? What about overseas judges sitting on the Court of Final Appeal in HK?
A senior judicial source described the statement to me as “shocking” & “an unfortunate overreaction to what was a routine exercise of judicial review of govt policies. Does the threat to take this power away mean that past decisions in favour of the govt are also flawed?” Spot on
