Yan Mei Ning
نویسندگان
چکیده
©AsiaPacific MediaEducator Issue No.11 July Dec. 2001 T Court of Final Appeal of Hong Kong (CFA), the highest court established in Hong Kong after the 1997 handover, has made two landmark but controversial decisions on freedom of expression. The decision in Cheng Albert and Another v Tse Wai Chun Paul (Cheng v Tse) has made it much more difficult for a plaintiff to succeed in a defamation action. It has the effect of promoting freedom of expression. The other decision, in HKSAR v Ng Kung Siu and Another (HKSAR v Ng), endorsed the criminalisation of flag desecration introduced at the time of the handover. This effectively restricts the scope for freedom of expression. These two divergent rulings vividly demonstrate that the newly founded highest court, through its interpretation of the common law and constitutional scrutiny of statutes, has exerted substantial influence on the extent and substance of freedom of expression in post-1997 Hong Kong. Indeed, the youthful CFA has proved crucial in the protection of fundamental rights and freedoms of Hong Kong people, but at the same time its decisions have resulted in considerable controversy. One Court, Two Rulings? Freedom Of Expression In Post-1997 Hong Kong
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