Implementing Security Council Resolutions in Hong Kong: An Examination of the United Nations Sanctions Ordinance

Abstract

The United Nations Sanctions Ordinance is the primary legal basis of the Hong Kong Special Administrative Region (HKSAR) for implementing the United Nations Security Council's resolutions. However, there are concerns that the Ordi- nance is potentially violating the separation of powers in its delegation of regu- lation-making authority to the executive. There are also criticisms against the expediency of the Ordinance as a mechanism for enforcing Security Council sanc- tions. Against this background, this paper attempts to examine the separation of powers doctrine, its place in HKSAR's constitutional system and its relevance to the Ordinance. On the issue of expediency, this paper focuses on the scope and speed of implementing the sanctions, and the human rights and criminal justice pro- blems it involves. For comparative purposes, references are to be made to the law of the USA, Canada and Singapore.