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01-Jun-2020 11:53

One corollary of the principle of legality can be summarised as equality before the law.

It is fundamental that all persons, regardless of race, rank, politics or religion, are subject to the laws of the land.

The HKSAR enjoys executive, legislative and independent judicial power, including that of final adjudication, in accordance with provisions of the Basic Law.

Although foreign affairs relating to the HKSAR are the responsibility of the Central People's Government, the HKSAR is authorised to conduct relevant external affairs on its own in accordance with the Basic Law.

These guidelines relate to both the substance and the procedures relating to the exercise of executive power.

An example of the former is where a court concludes that a decision which purports to be authorised by a statutory power is plainly unreasonable and cannot have been envisaged by the legislature.

The rule of law has several different meanings and corollaries.

Its principal meaning is that the power of the government and all of its servants shall be derived from law as expressed in legislation and the judicial decisions made by independent courts.

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In both cases a court would hold that the decisions were legally invalid.

A further meaning of the rule of law, therefore, is to be found in a system of rules which restrict discretionary power.