Secondary comparative sources describe Hong Kong as retaining England's old common law offense of blasphemous libel through Article 8 of the Basic Law's preservation of pre-1997 common law, since England itself abolished the offense only in 2008, after the handover; a blasphemous-or-indecent-matter carve-out also survives in Hong Kong's own defamation-privilege law. No source consulted in this pass could confirm whether the underlying common law offense has ever been affirmed, narrowed or abolished by a Hong Kong court or the Legislative Council since 1997, or locate a single reported prosecution in either direction. Resolving this would need a direct reading of Hong Kong's Defamation Ordinance (Cap. 21) and any Basic Law Article 8 jurisprudence on inherited common law offenses.
Open Question
Secondary comparative sources describe Hong Kong as retaining England's old common law offense of blasphemous libel through Article 8 of the Basic Law's preservation of pre-1997 common law, since England itself abolished the offense only in 2008, after the handover; a blasphemous-or-indecent-matter carve-out also survives in Hong Kong's own defamation-privilege law. No source consulted in this pass could confirm whether the underlying common law offense has ever been affirmed, narrowed or abolished by a Hong Kong court or the Legislative Council since 1997, or locate a single reported prosecution in either direction.
What would resolve this A direct reading of Hong Kong's Defamation Ordinance (Cap. 21) for any live blasphemous libel provision or repeal, and a search for Basic Law Article 8 jurisprudence on inherited common law offenses generally, or a documented case confirming the offense has never been invoked since 1997.
Basic Law of the Hong Kong Special Administrative Region, Chapter I (Government of the Hong Kong SAR)
Connections
Sources
Basic Law of the Hong Kong Special Administrative Region, Chapter I (Government of the Hong Kong SAR)
Reader Challenges (0)
No disputes yet. Spotted an error or a better source? Open the first one.
Sign in to dispute this or suggest a correction.