Conflict of Fundamental Rights and the Double Proportionality Test
organized by Faculty of Law
Viewed by HKU and Public
Event Type: Conference/Forum/Public Lecture/Seminar/Symposium/Talk/Workshop
Event Discipline: Law and Politics

Speaker:
The Honourable Mr Justice Andrew Cheung
Permanent Judge of the Court of Final Appeal, HKSAR

Date: Tuesday, 17 September 2019
Time: 6:00pm - 7:00pm
Venue: Moot Court, 2/F, Cheng Yu Tung Tower, Centennial Campus, HKU
Reception at 7:00pm

Abstract:

The law of human rights has seen tremendous development in recent years, and the proportionality test is routinely applied by the courts to determine whether an interference with fundamental right is justified. The test is designed to ensure that the restriction on the right must be no more than is necessary to achieve the legitimate aim concerned. Difficulties arise when the case involves a conflict between competing fundamental rights, not least in situations where the relevant government policy is underpinned by the fundamental rights of others in society. In this lecture, the Hon Mr Justice Cheung PJ will examine the nature and limitations of the proportionality test, discuss situations where a conflict of fundamental rights may arise, explore the reasons why sometimes such situations are not recognised, and suggest how the “double proportionality” test and other possible approaches may be applied to resolve such conflicts of rights.

About the speaker:

Mr Justice Cheung was appointed a Permanent Judge of the Court of Final Appeal on 25 October 2018.

Mr Justice Cheung was born and educated in Hong Kong. He read law at the University of Hong Kong, obtaining a Bachelor of Laws degree in 1983 and a Postgraduate Certificate in Laws in 1984. In 1985, he obtained a Master of Laws degree from Harvard Law School. He was called to the Hong Kong Bar in the same year, and in 1995 he was admitted as an advocate and solicitor of the Supreme Court of Singapore.

Mr Justice Cheung was in private practice in Hong Kong before joining the Judiciary as a District Judge in June 2001. He started sitting as a Deputy High Court Judge in December 2001 and was appointed a Judge of the Court of First Instance of the High Court in 2003. Mr Justice Cheung was made the Probate Judge in 2004 and the Judge in charge of the Constitutional and Administrative Law List in 2008. In 2011, he was appointed the Chief Judge of the High Court and became the President of the Court of Appeal of the High Court.

Mr Justice Cheung is a member of the Judicial Officers Recommendation Commission which makes recommendations to the Chief Executive on judicial appointments. He is a member of the Law Reform Commission. He also chairs or is a member of various committees and working parties within the Judiciary.

Mr Justice Cheung is an Honorary Bencher of Lincoln’s Inn.

Date/Time 17/09/2019 18:00-19:00 Venue Moot Court, 2/F, Cheng Yu Tung Tower, Centennial Campus, HKU Language English

Registration is open from 02/08/2019 15:00(HKT) to 17/09/2019 12:00(HKT) on a first-come-first-served basis. The registration quota for this event is 320.