International law in HKSAR courts

Abstract

The transfer of sovereignty over Hong Kong notwithstanding, courts in the Hong Kong Special Administrative Region (HKSAR) will continue to face questions about the application and enforcement of international law in the Territory in a wide range of areas, including human rights, treatment of aliens, diplomatic/consular immunities, protection and preservation of the natural environment, jurisdiction over crime/extradition, maritime law, commercial transactions, and transportation. This Article will review local judicial approaches in light of available international practice with the aim of extrapolating the relevant principles that will govern the relationship between international law and the domestic law in post-1997 Hong Kong.