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Author : Peter Wesley-Smith
Publisher : Unknown
Page : 258 pages
File Size : 50,6 Mb
Release : 1987
Category : Administrative law
ISBN : UCSD:31822006399463
Author : Peter Wesley-Smith
Publisher : Unknown
Page : 491 pages
File Size : 43,5 Mb
Release : 1994
Category : Administrative law
ISBN : OCLC:1000880148
Author : Peter Wesley-Smith
Publisher : Unknown
Page : 500 pages
File Size : 40,7 Mb
Release : 2024-07-03
Category : Administrative law
ISBN : OCLC:18107201
Author : Swati Jhaveri,Michael Ramsden,Anne Scully-Hill
Publisher : Unknown
Page : 527 pages
File Size : 45,8 Mb
Release : 2010
Category : Administrative law
ISBN : 9888016954
Author : Anton Cooray
Publisher : Kluwer Law International B.V.
Page : 594 pages
File Size : 48,9 Mb
Release : 2022-10-20
Category : Law
ISBN : 9789403545240
Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Hong Kong provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Hong Kong will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.
Author : Stephen Thomson
Publisher : Cambridge University Press
Page : 425 pages
File Size : 48,7 Mb
Release : 2018-10-11
Category : Law
ISBN : 9781108400329
Presents a comprehensive new text on administrative law in Hong Kong; discusses judicial review, administrative tribunals, the Ombudsman and subsidiary legislation.
Author : Peter Wesley-Smith
Publisher : Hong Kong University Press
Page : 355 pages
File Size : 40,8 Mb
Release : 1994-10-01
Category : Law
ISBN : 9789622093638
Hong Kong has a curious mixture of laws old and new, written and unwritten, home-grown and imported. Made by various bodies in various ways with various results, these laws constitute a reasonably coherent body of rules, principles, practices, procedures, assumptions, and attitudes. How are these differing sources of law best described and explained? How are they mobilized and employed? How do they achieve the coherence they seem to display, and can that coherence be maintained? Such are the questions which this book seeks to illuminate. They are vital questions for a legal system undergoing significant change at a crucial time in the political development of Hong Kong.
Author : Yash Ghai
Publisher : Hong Kong University Press
Page : 637 pages
File Size : 46,7 Mb
Release : 1997-05-01
Category : Law
ISBN : 9789622094635
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.
Author : Michael C. Davis
Publisher : Springer
Page : 226 pages
File Size : 41,8 Mb
Release : 2016-01-03
Category : Political Science
ISBN : 9781349203956
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.
Author : H. Fu,L. Harris,S. Young
Publisher : Springer
Page : 265 pages
File Size : 49,5 Mb
Release : 2007-12-25
Category : Political Science
ISBN : 9780230610361
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.
Author : Guobin Zhu,Mark Kielsgard,Surya Deva
Publisher : City University of HK Press
Page : 716 pages
File Size : 51,8 Mb
Release : 2021-07-01
Category : Law
ISBN : 9789629376154
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
Author : Albert H.Y. Chen
Publisher : City University of HK Press
Page : 440 pages
File Size : 47,8 Mb
Release : 2021-03
Category : Law
ISBN : 9789629374501
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.
Author : Johannes M.M. Chan,H.L. Fu,Yash Ghai
Publisher : Hong Kong University Press
Page : 549 pages
File Size : 46,6 Mb
Release : 2000-02-01
Category : Law
ISBN : 9789622095090
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.
Author : Swati Jhaveri,Michael Ramsden
Publisher : Cambridge University Press
Page : 447 pages
File Size : 53,7 Mb
Release : 2021-03-18
Category : Law
ISBN : 9781108481571
Explores the English origins of the principles of judicial review in common law jurisdictions and autochthonous pressures for their adaptation.
Author : Danny Gittings
Publisher : Hong Kong University Press
Page : 446 pages
File Size : 52,6 Mb
Release : 2013-07-01
Category : Law
ISBN : 9789888139484
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