This article presents a coherent and principled approach to articulate the meaning of ‘functions ... more This article presents a coherent and principled approach to articulate the meaning of ‘functions of a public nature’ based on a reformulated version of sections 6(3)(b) and 6(5) of the Human Rights Act, in light of the legal conundrums generated by YL v Birmingham City Council [2007] UKHL 27. In doing so, it draws insights from (i) theories of the public-private divide in the legal context and (ii) common law judicial review under the jurisprudence developed from R v Panel on Takeovers and Mergers, ex p Datafin [1987] QB 815.
Using the accounts of legal moralism constructed by Antony Duff and John Gardner, this article cr... more Using the accounts of legal moralism constructed by Antony Duff and John Gardner, this article critically examines the role played by moral values in the scope and structure of criminal offences. In analysing the nature and practicality of legal moralism as a basis of criminalisation, comparisons will be made with (i) notions of responsibility and judgement and (ii) public accounts of criminal law. This article offers a more nuanced account of the role played by legal moralism in shaping the scope and structure of criminalisation and the State’s jurisdiction in criminal punishment.
This essay argues that HLA Hart's contention in The Concept of Law (Clarendon Press 2012) that th... more This essay argues that HLA Hart's contention in The Concept of Law (Clarendon Press 2012) that there is no necessary connection between law and morality is problematic on both normative and methodological grounds. It focuses on his conceptions of the 'minimum content of natural law', difference between legal and moral obligations, and the internal point of view.
The recent controversial proposal by the Hong Kong Government on Fugitive Offenders and Mutual Le... more The recent controversial proposal by the Hong Kong Government on Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legislation (Amendment) Bill 2019 has generated widespread criticism on both domestic and international levels, with particular concerns over human rights implications of extraditing suspects to the People’s Republic of China. The recent judgement from the New Zealand Court of Appeal in Kim v Ministry of Justice [2019] provides a compelling insight into concerns over extraditing suspects to the PRC to stand trial. In this article, the authors examine the court’s reasoning over concerns in extraditing suspects to stand criminal trial, and critically analyse various concerns over the 2019 Bill as proposed by the Hong Kong Government in light of the Kim judgement. Discussing two possible solutions to concerns over the Bill, this case commentary argues that there exists legitimate and serious concerns over extraditing suspects to the PRC, both in terms of principle and practical implementations. The proposed solutions, while possible to enhance human rights protections in extradition requests, are unlikely to solve what is arguably the crux of the issue: the discrepancy between statutory provisions governing criminal procedures in PRC and the actual practice by relevant authorities.
This article presents a coherent and principled approach to articulate the meaning of ‘functions ... more This article presents a coherent and principled approach to articulate the meaning of ‘functions of a public nature’ based on a reformulated version of sections 6(3)(b) and 6(5) of the Human Rights Act, in light of the legal conundrums generated by YL v Birmingham City Council [2007] UKHL 27. In doing so, it draws insights from (i) theories of the public-private divide in the legal context and (ii) common law judicial review under the jurisprudence developed from R v Panel on Takeovers and Mergers, ex p Datafin [1987] QB 815.
Using the accounts of legal moralism constructed by Antony Duff and John Gardner, this article cr... more Using the accounts of legal moralism constructed by Antony Duff and John Gardner, this article critically examines the role played by moral values in the scope and structure of criminal offences. In analysing the nature and practicality of legal moralism as a basis of criminalisation, comparisons will be made with (i) notions of responsibility and judgement and (ii) public accounts of criminal law. This article offers a more nuanced account of the role played by legal moralism in shaping the scope and structure of criminalisation and the State’s jurisdiction in criminal punishment.
This essay argues that HLA Hart's contention in The Concept of Law (Clarendon Press 2012) that th... more This essay argues that HLA Hart's contention in The Concept of Law (Clarendon Press 2012) that there is no necessary connection between law and morality is problematic on both normative and methodological grounds. It focuses on his conceptions of the 'minimum content of natural law', difference between legal and moral obligations, and the internal point of view.
The recent controversial proposal by the Hong Kong Government on Fugitive Offenders and Mutual Le... more The recent controversial proposal by the Hong Kong Government on Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legislation (Amendment) Bill 2019 has generated widespread criticism on both domestic and international levels, with particular concerns over human rights implications of extraditing suspects to the People’s Republic of China. The recent judgement from the New Zealand Court of Appeal in Kim v Ministry of Justice [2019] provides a compelling insight into concerns over extraditing suspects to the PRC to stand trial. In this article, the authors examine the court’s reasoning over concerns in extraditing suspects to stand criminal trial, and critically analyse various concerns over the 2019 Bill as proposed by the Hong Kong Government in light of the Kim judgement. Discussing two possible solutions to concerns over the Bill, this case commentary argues that there exists legitimate and serious concerns over extraditing suspects to the PRC, both in terms of principle and practical implementations. The proposed solutions, while possible to enhance human rights protections in extradition requests, are unlikely to solve what is arguably the crux of the issue: the discrepancy between statutory provisions governing criminal procedures in PRC and the actual practice by relevant authorities.
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