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Tang Ping-hoi v. Attorney-General

Hong Kong.  09 October 1985 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Treaties — Implementation — Effect in municipal courts — China-United Kingdom Joint Declaration on the Future of Hong Kong, 1984 — Whether treaty obligations of the Crown capable of enforcement at the instance of a subject in the municipal courts — Joint Declaration providing for Crown leases to be extended without payment of additional premium — Plaintiff applying for renewal of land lease in Hong Kong — Whether entitled to rely upon the terms of the Joint Declaration — Whether courts having jurisdiction to grant relief under the Joint Declaration — Hong Kong Act 1985 (UK) — Application of English Law Ordinance (Cap 88)

Relationship of international law and municipal law — Treaties — China-United Kingdom Joint Declaration on the Future of Hong Kong, 1984 — Whether an international treaty — Whether having force of law in Hong Kong — Whether justiciable in municipal courts — Joint Declaration providing for Crown leases of lands to be extended without payment of premium — Whether giving rise to rights enforceable in municipal courts — Whether applicant entitled to have his land lease renewed under the terms of the Joint Declaration — The law of Hong Kong

Type
Case Report
Copyright
© Cambridge University Press 1993

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