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Hong Kongs New Constitutional Order
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Book Synopsis Hong Kong's New Constitutional Order by : Yash Ghai
Download or read book Hong Kong's New Constitutional Order written by Yash Ghai and published by Hong Kong University Press. This book was released on 1997-05-01 with total page 637 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first systematic analysis of the constitutional, legal, economic, social and political systems of Hong Kong as a special administrative region of China. It examines the Basic Law against its historical and socio-economic contexts, including its international and domestic foundations, and the loss and the resumption of sovereignty by China. The author offers a conceptualization of the Basic Law and locates it within China's constitutional, political and legal systems. The book explores the balance as well as the tensions between the autonomy of Hong Kong and the sovereignty of China, which are aggravated by the necessity to accommodate contrasting economic and political systems. It also identifies key legal and political problems that are likely to arise in implementing the Basic Law and suggests an approach to its interpretation. The Basic Law provides a fascinating example of the interaction of widely different traditions of law, politics and economy, and a novel system of autonomy. Its study is therefore of great interest to scholars of comparative law and politics. This new edition covers significant political, constitutional and legal developments since the transfer of sovereignty in July 1997.
Book Synopsis Introduction to the Hong Kong Basic Law by : Danny Gittings
Download or read book Introduction to the Hong Kong Basic Law written by Danny Gittings and published by Hong Kong University Press. This book was released on 2013-07-01 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: Effective since China's resumption of sovereignty on 1 July 1997, the Hong Kong Basic Law lays down the general policies and system of government for Hong Kong under the "one country, two systems" formula. It guarantees Hong Kong a high degree of autonomy, enshrines the rights and freedoms of residents, and preserves a separate common law system with an independent judiciary. This introduction traces the origins of the Hong Kong Basic Law and the concepts and legal issues that surround it. Drawing on the experience of the first 15 years, it then analyses the content of the Hong Kong Basic Law, especially in relation to Hong Kong's political system, the judiciary, and human rights. Intended especially for students at all levels in law, politics, and other disciplines, this book—the only introductory guide of its kind to the subject—will also appeal to the general reader interested in Hong Kong's experience under "one country, two systems". "Danny Gittings's Introduction to the Hong Kong Basic Law makes a significant contribution to an important subject. It is expressed in reader-friendly terms. The insights that it provides are of value not only to lawyers but also to the general public." —The Hon. Mr. Justice Kemal Bokhary, Permanent Judge of the Hong Kong Court of Final Appeal (1997–2012), Non-Permanent Judge (2012– ). "This well-researched and very readable introduction explains the history, practices and future of the Basic Law—Hong Kong's key constitutional document. It also explores how far the Basic Law is able to address the many political and legal issues now facing Hong Kong. The book is suitable for a wide range of readers. Students of Hong Kong law at all levels will find it essential reading. General readers with an interest in Hong Kong's governance will find in it a lucid and accurate guide—and a timely one as the debate about implementing democracy intensifies." —Professor Fu Hualing, Faculty of Law, University of Hong Kong. "Many of us approach law books with trepidation. But Gittings, a legal academic, used to be a journalist and this shows in his ability to make the book accessible to the general reader. [...] The Basic Law will continue to be central to issues facing the city for years to come. This book enables the reader to quickly acquire a much better understanding of them." — South China Morning Post "As Professor Gittings points out in his book, which includes a chapter on what might happen after Hong Kong’s 50-year autonomy ends, readability was a key aim. Acronyms are kept to a minimum and details set up neatly and comprehensively in footnotes so that the main text is kept as clean as possible." — Hong Kong Lawyer
Book Synopsis Interpreting Hong Kong’s Basic Law: The Struggle for Coherence by : H. Fu
Download or read book Interpreting Hong Kong’s Basic Law: The Struggle for Coherence written by H. Fu and published by Springer. This book was released on 2007-12-25 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: On July 1, 2007, Hong Kong celebrated its tenth anniversary as a special administrative region of China. It also marked the first decade of its unique constitutional order in which Hong Kong courts continue to apply and develop the common law but the power of final interpretation of the constitution lies with the Standing Committee of the National People's Congress. This book is a collection of chapters by leading constitutional law experts in Hong Kong who examine the interpretive issues and conflicts which have arisen since 1997. Intervention by China in constitutional interpretation has been restrained but each intervention has had significant political and jurisprudential impact. The authors give varied assessments of the struggle for interpretive coherence in the coming decade.
Book Synopsis A Confucian Constitutional Order by : Jiang Qing
Download or read book A Confucian Constitutional Order written by Jiang Qing and published by Princeton University Press. This book was released on 2016-11-08 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: English translation of materials from a workshop on Confucian constitutionalism in May 2010 at the City University of Hong Kong.
Book Synopsis Constitutional Confrontation in Hong Kong by : Michael C. Davis
Download or read book Constitutional Confrontation in Hong Kong written by Michael C. Davis and published by Springer. This book was released on 2016-01-03 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of China's accommodation of Western constitutional values, in the light of the pending return of British Hong Kong to China. The Joint Declaration which governs the return guarantees a continuance of these values, and this study looks at the resulting tensions between East and West.
Book Synopsis Making Hong Kong China by : Michael Davis
Download or read book Making Hong Kong China written by Michael Davis and published by . This book was released on 2020-10 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: How can one of the world's most free-wheeling cities transition from a vibrant global center of culture and finance into a subject of authoritarian control?As Beijing's anxious interference has grown, the "one country, two systems" model China promised Hong Kong has slowly drained away in the yearssince the 1997 handover. As "one country" seemed set to gobble up "two systems," the people of Hong Kong riveted the world's attention in 2019 by defiantly demanding the autonomy, rule of law and basic freedoms they were promised. In 2020, the new National Security Law imposed by Beijing aimed to snuff out such resistance. Will the Hong Kong so deeply held in the people's identity and the world's imagination be lost? Professor Michael Davis, who has taught human rights and constitutional law in this city for over three decades, and has been one of its closest observers, takes us on this constitutional journey.
Book Synopsis The New Legal Order in Hong Kong by : Raymond Wacks
Download or read book The New Legal Order in Hong Kong written by Raymond Wacks and published by . This book was released on 1999 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: As Hong Kong enters its third year under Chinese rule, the prognosis for the common law remains uncertain. Can the improbable doctrine of 'one country, two systems' be made to work? Will the political controversies that continue to bedevil the territory u
Book Synopsis Hong Kong's Court of Final Appeal by : Simon N. M. Young
Download or read book Hong Kong's Court of Final Appeal written by Simon N. M. Young and published by Cambridge University Press. This book was released on 2014 with total page 739 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the years since it was established on 1 July 1997, Hong Kong's Court of Final Appeal has developed a distinctive body of new law and doctrine with the help of eminent foreign common law judges. Under the leadership of Chief Justice Andrew Li, it has also remained independent under Chinese sovereignty and become a model for other Asian final courts working to maintain the rule of law, judicial independence and professionalism in challenging political environments. In this book, leading practitioners, jurists and academics examine the Court's history, operation and jurisprudence, and provide a comparative analysis with European courts and China's other autonomous final court in Macau. It also makes use of extensive empirical data compiled from the jurisprudence to illuminate the Court's decision-making processes and identify the relative impacts of the foreign and local judges.
Book Synopsis Hong Kong's Constitutional Debate by : Johannes M.M. Chan
Download or read book Hong Kong's Constitutional Debate written by Johannes M.M. Chan and published by Hong Kong University Press. This book was released on 2000-02-01 with total page 549 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores legal and constitutional issues in Hong Kong's relationship with mainland China through an analysis of the litigation on the right of abode of the children of Hong Kong residents who are born and live in the mainland. The litigation in the Hong Kong courts and the subsequent interpretation by the Standing Committee of the National People's Congress were followed with keen interest both locally and internationally, and had provoked great controversy. The differing approaches to and styles of interpretation of the Court and the Standing Committee provide a vivid demonstration of the clash of legal systems within which Hong Kong's constitutional system has to operate. These issues are discussed in this book by Hong Kong's leading legal scholars and practitioners. This book offers perspectives to solve these controversies and to develop an acceptable approach to the interpretation of the Basic Law. It captures the sustained public debate on constitutional issues and provides a historical record of this constitutional debate. It also contains the full texts of the decision of the Court and the Interpretation by the Standing Committee.
Book Synopsis The Invisible Constitution in Comparative Perspective by : Rosalind Dixon
Download or read book The Invisible Constitution in Comparative Perspective written by Rosalind Dixon and published by Cambridge University Press. This book was released on 2018-11-08 with total page 595 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutions worldwide inevitably have 'invisible' features: they have silences and lacunae, unwritten or conventional underpinnings, and social and political dimensions not apparent to certain observers. The Invisible Constitution in Comparative Perspective helps us understand these dimensions to contemporary constitutions, and their role in the interpretation, legitimacy and stability of different constitutional systems. This volume provides a nuanced theoretical discussion of the idea of 'invisibility' in a constitutional context, and its relationship to more traditional understandings of written versus unwritten constitutionalism. Containing a rich array of case studies, including discussions of constitutional practice in Australia, Canada, China, Germany, Hong Kong, Israel, Italy, Indonesia, Ireland and Malaysia, this book will look at how this aspect of 'invisible constitutions' is manifested across different jurisdictions.
Book Synopsis Hong Kong Constitutionalism by : Richard Cullen
Download or read book Hong Kong Constitutionalism written by Richard Cullen and published by Routledge. This book was released on 2020-02-04 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hong Kong is widely regarded as an exemplar of authoritarian jurisdictions with a positive history of adhering to Rule of Law–shaped governance systems. British Hong Kong provides a remarkable story of the effective development and consolidation of such a system, which has continued to apply since 1997, when it became the Hong Kong Special Administrative Region (HKSAR) within the People’s Republic of China (PRC). This book adopts a fresh approach in examining the evolution of Hong Kong’s political-legal experience. It establishes that these prominent governance achievements were built on particular British constitutional foundations forged over many centuries. The work shows how the analysis of the British theorist Albert Dicey and, in particular, “Diceyan Constitutionalism” was fundamental, within the pivotal context of “Chinese Familism”, in shaping the development of governance institutions and operational procedures within the new British Colony. It discusses how Hong Kong’s system of Authoritarian Legality has come to pass. Exploring the essence of that system, the study probes how thoroughly it has been stress-tested, not least in 2019, and how well it may be placed to cope with tests yet to come. It also analyzes Hong Kong–Beijing relations and the long-term prospects for the HKSAR within the PRC based on a balanced contemporary assessment of China’s exceptional One Party State.
Book Synopsis The Changing Legal Orders in Hong Kong and Mainland China: Essays on “One Country, Two Systems” by : Albert H.Y. Chen
Download or read book The Changing Legal Orders in Hong Kong and Mainland China: Essays on “One Country, Two Systems” written by Albert H.Y. Chen and published by City University of HK Press. This book was released on 2021-03 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of selected works by Professor Albert H.Y. Chen shows the contours of the author’s scholarship as it developed over 35 years of his academic career, from 1984 to the present. The essays are divided into three sections which cover the three major domains of Professor Chen’s research. Part I covers the legal developments and controversies of “One Country, Two Systems” since the Hong Kong interpretation on “the right of abode” in 1999 to the anti-extradition movement of 2019. Part II shifts to focus on tradition and modernity in Chinese Law, including China’s Confucian and Legalist traditions and how the socialist legal system in China evolved and modernized in the era of “reform and opening”. Part III examines the transplantation of Western thinking and constitutionalism to East Asia in modern times and discusses the achievements and failures of these efforts. In conjunction with an introductory chapter that sets out the basic orientation and paradigm of these legal and constitutional studies and an epilogue that reflects on the main themes, this collection exemplifies the author’s important contributions to the field and provides insight into how the legal orders in Hong Kong and mainland China have changed over the course of Professor Chen’s academic career.
Book Synopsis Hong Kong Administrative Law by : Swati Jhaveri
Download or read book Hong Kong Administrative Law written by Swati Jhaveri and published by . This book was released on 2010 with total page 527 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis National Security and Fundamental Freedoms by : Hualing Fu
Download or read book National Security and Fundamental Freedoms written by Hualing Fu and published by Hong Kong University Press. This book was released on 2005-03-01 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has been intense interest in the proposals to implement Article 23, both in Hong Kong and abroad. This book will be valuable to anyone who has followed or participated in that debate or has an interest in the delicate balance between civil liberties and national security. The book will be particularly useful for legislators, policy-makers, lawyers, journalists, historians, teachers, and students, especially in the fields of law and the social sciences. The statutory Appendix will assist teachers and students to draw comparisons between existing law and the government's proposals. In 2003 more than 500,000 people marched in Hong Kong against the National Security (Legislative Provisions) Bill, which would have prohibited treason, sedition, secession, and subversion against the national government of China and included new mechanisms for proscribing political organisations. This edited collection analyses that legislation, particularly the implications for civil liberties and the one country two systems model. Although the massive protest compelled the Hong Kong government to withdraw the Bill from the legislature in 2003, it will likely propose similar legislation in the future because Hong Kong has a constitutional obligation to implement Article 23 of the Basic Law. The book provides detailed and balanced commentary on the Bill, explains why certain proposals proved so controversial, and offers concrete recommendations on how to improve the proposals before the next legislative exercise. Fu Hualing is an Associate Professor and Director of the Centre for Comparative and Public Law, Faculty of Law, of the University of Hong Kong. His research interests include social legal studies, human rights and criminology. He has an LLB from Southwestern University of Law and Politics (China), an MA from the University of Toronto (Canada) and a doctorial degree from Osgoode Hall Law School (Canada). Carole J. Petersen is an Associate Professor and a former Director of the Centre for Comparative and Public Law, Faculty of Law, of the University of Hong Kong. She has been teaching law in Hong Kong since 1989, specializing in constitutional law, human rights, and anti-discrimination law. She has a BA from the University of Chicago, a JD from Harvard Law School, and a Post-graduate Diploma in the Law of the People’s Republic of China from the University of Hong Kong. Simon N. M. Young is an Associate Professor and Deputy Director of the Centre for Comparative and Public Law, Faculty of Law, of the University of Hong Kong. He teaches criminal law, evidence and legal aspects of white collar crime. Previously, he was Counsel in the Crown Law Office-Criminal, Ministry of the Attorney General for Ontario, in Toronto, Canada. He obtained his LLB from the University of Toronto and his LLM from Cambridge University. “This collection of essays on the saga of Hong Kong’s efforts to address the mandate of Article 23 in the Basic Law of the Hong Kong Special Administrative Region and related matters is likely to be an extremely useful resource for a number of audiences. These include those directly engaged with the issue of legislation and policymaking in Hong Kong in both public institutions and in the community; those who have an interest in the development of Hong Kong’s political and legal system and its relationship to the system of Mainland China; and those with an interest in national security and anti-terrorism legislation more generally, from a comparative perspective. The overall quality and range of the contributions is strong. The topic itself is a current and important one, and the collection is an important contribution to the field.” — Andrew Byrnes, Professor of Law, Australian National University “The debate on legislation to ensure the sovereignty and security of the PRC against threats from Hong Kong was a turning point in the Special Administrative Region’s political history. It showed that while some Hong Kong residents may have reservations about democracy, human rights are cherished by almost all. It also showed that people can influence policy even without formal institutions of democracy. The authors of this book played a leading role in the debate, clarifying the legal issues, which was critical to an informed debate.” — Yash Ghai, Sir Y.K. Pao Professor of Public Law, University of Hong Kong
Book Synopsis Constitutional Law and Human Rights in Hong Kong—A Sourcebook by : Guobin Zhu
Download or read book Constitutional Law and Human Rights in Hong Kong—A Sourcebook written by Guobin Zhu and published by City University of HK Press. This book was released on 2021-07-01 with total page 716 pages. Available in PDF, EPUB and Kindle. Book excerpt: The context in which constitutional laws and human rights instruments are read is ever-changing, and this is particularly true for the Hong Kong Special Administrative Region. To understand the application of both national and local legislation and internationally recognized covenants, it is essential to be well acquainted with the documents themselves. Constitutional Law and Human Rights in Hong Kong—A Sourcebook is a one-stop resource for teaching, learning, and researching constitutional law and human rights in Hong Kong. As a handbook of teaching materials suitable for undergraduate and postgraduate studies, it is an indispensable tool for courses such as Hong Kong Constitutional Law, Basic Law, Public Law of Hong Kong, The Law of Human Rights of Hong Kong, International Human Rights Law, International Criminal Law, International Labour Law, Law and Gender, International Environmental Law, Business and Human Rights, and Discrimination Law. Moreover, it is equally useful for teaching and research in the fields of political science, business, and other social sciences. • Up-to-date legislation • Condensed into a single volume • An essential teaching and reference guide • Applicable across multiple legal fields
Book Synopsis Film and Constitutional Controversy by : Marco Wan
Download or read book Film and Constitutional Controversy written by Marco Wan and published by Cambridge University Press. This book was released on 2021-02-04 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constructs an original dialogue between constitutional law, film, and identity by using Hong Kong as a case study.
Book Synopsis The Hong Kong Basic Law by : P. Y. Lo
Download or read book The Hong Kong Basic Law written by P. Y. Lo and published by . This book was released on 2011 with total page 1045 pages. Available in PDF, EPUB and Kindle. Book excerpt:
