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, Permanent Judge of the Court of Final Appeal, 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.
Date: 17 September 2019 (Tue)
Time: 6:00 pm
Venue: Moot Court, 2/F, Cheng Yu Tung Tower, Centennial Campus, HKU