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12 H.K. J. Legal Stud. 59 (2018)
Constitutional Ambiguities, Hong Kong's Autonomy and the Oath-Taking Saga

handle is hein.journals/hkjls12 and id is 69 raw text is: CONSTITUTIONAL AMBIGUITIES, HONG KONG'S AUTONOMY AND THE OATH-TAKING SAGA Edelweiss Tuet Tsz Ching* The protracted constitutional conflicts between China and Hong Kong re-emerged and intensified social tensions following the two instances of disqualification of legislators-elect. Against this backdrop, this article re- examines the Standing Committee of the National People's Congress (NPCSC) 's power of interpretation conferred under Basic Law Article 158 and sheds new light on the recent legislative disqualification cases. It argues that Hong Kong 's high degree of autonomy under the constitutional arrangement of One Country, Two Systems (OCTS) is susceptible to attack because of the vagueness of our constitution. Focusing on Leung Kwok Hung (Leung) and Lau Siu Lai (Lau)'s appeals to the Court of Appeal (CA), the article proposes legal solutions to mend the deep-rooted societal divide from a constitutional point of view. It also recognises the limitations of the role of law in resolving an inherently political issue. INTRODUCTION Twenty years after the handover, it is high time to examine how far our city is away from achieving the state of peace and stability envisaged by Deng Xiaoping under the OCTS framework. It is fair to say that Hong Kong has been suffering from prolonged mutual hostility and political instability, particularly over the past several Year 4, LLB (The University of Hong Kong). I would like to thank Professor Benny Tai and Professor Alex Schwartz for their invaluable guidance and supervision. All errors are my own.

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