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AG:
Lu Ping:
When there are discrepancies between a Hong Kong Ordinance and a British
Act, the Hong Kong Courts may declare the Ordinance to be repugnant. This may also be done by a British Court.
Will that declaration of repugnancy have retrospective effect?
Xu Chongde: Will the whole ordinance become repugnant
or is it a particular clause that becomes repugnant?
AG:
Lu Ping:
AG:
Lu Ping:
The decision of the court will affect
parties that appear before it and affect the issue brought before it.
In that sense, a decision on repugnancy is not retrospective.
How does that decision affect cases adjudged previously?
It is open to others affected by the law to bring action to the Courts to have that decision applied to them.
If the case was adjudged 10 years ago and the judgment implemented,
is it possible for the parties involved
to bring the case to Court again when the law becomes repugnant 10 years later?
AG:
No, that will not affect the decision and the party will not be able to come back with the example and seek to have that decision re-opened by
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