Being a region in which human rights are highly regarded and respected, Hong Kong has been trying her very best to protect the freedom of expression. Since the resumption of Chinese sovereignty, there have been worries that our long history of rule of law and autonomy would be threatened. In light of the recent Court of Appeal decision in Sing Tao Limited v So Wing Keung , the public's attention is drawn to the fact that freedom of expression may be undermined by the call for criminal investigation. Also, from the decisions of a number of constitutional cases and incidents, for instance, the Charter Garden incident and the Court of Appeal decision in Leung Kwok Hung case (which I will mention below), a "red signal" to our freedom seems to have shown.
The status of the press and journalism is of paramount importance in Hong Kong. Being a "watch dog" of the events occurring in our dynamic society, its existence indirectly monitors and regulates the conduct of the public.
Without it, our welfare may be undermined. This paper will focus on some constitutional cases and incidents to investigate and comment on the status of human rights and freedom enjoyed by Hong Kong citizens.
Freedom of expression in Hong Kong since 1997
The Hong Kong Bills of Rights Ordinance (HKBORO) came into effect on 8 June 1991, which for the first time introduced to the territory the active protection of fundamental human rights and freedoms by incorporating ICCPR as applied to Hong Kong. Moreover, after the changeover, the Basic Law further protects the aforesaid rights by making them constitutionally guaranteed . ICCPR is also incorporated in the domestic law of Hong Kong through the Basic Law . Article 19 of the ICCPR highlighted the protection of freedom of expression, which...