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Wang Shuman:
When the law ceases to be effective,
it is only in a frozen state and is not repealed. The invalidation of the law is to be passed by the
Diet.
AG:
Shao Tianren:
The system in Hong Kong is different.
Courts are empowered to make decisions and there is no mechanism whereby
a court provisionally declares a law to be repugnant and remit that question to the legislature.
Let me cite a hypothetical case.
The Hong Kong Legislative Council
passed a motion to increase the
cross-harbour tunnel toll. The
law was passed and implemented.
Then a driver or an owner of a car
suggested to the Court that that is not right and the Court agreed with him, declaring that the law
concerning the increased toll to
be invalid. Now that the court
had decided on the case and the
driver or car owner had won. Is
the law repealed immediately and any other persons who pass through the tunnel will not have to pay
the increased toll?
AG:
We have to be very careful in considering the context in which we are talking about repugnancy. We are talking about repugnancy here between the
Hong Kong Ordinance and an English Act of Parliament, i.e. one of
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