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Constitutional Confrontation in Hong Kong by Michael C. Davis Pdf
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.
Hong Kong's Constitutional Debate by Johannes M.M. Chan,H.L. Fu,Yash Ghai Pdf
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.
Interpreting Hong Kong’s Basic Law: The Struggle for Coherence by H. Fu,L. Harris,S. Young Pdf
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.
China's National Security by Cora Chan,Fiona de Londras Pdf
All states are challenged by the need to protect national security while maintaining the rule of law, but the issue is particularly complex in the China–Hong Kong context. This timely and important book explores how China conceives of its national security and the position of Hong Kong. It considers the risks of introducing national security legislation in Hong Kong, and Hong Kong's sources of resilience against encroachments on its rule of law that may come under the guise of national security. It points to what may be needed to maintain Hong Kong's rule of law once China's 50-year commitment to its autonomy ends in 2047. The contributors to this book include world-renowned scholars in comparative public law and national security law. The collection covers a variety of disciplines and jurisdictions, and both scholarly and practical perspectives to present a forward-looking analysis on the rule of law in Hong Kong. It illustrates how Hong Kong may succeed in resisting pressure to advance China's security interests through repressive law. Given China's growing international stature, the book's reflections on China's approach to security have much to tell us about its potential impact on the global political, security, and economic order.
The Aftermath Of The 1989 Tiananmen Crisis For Mainland China by Bih-jaw Lin Pdf
The 1989 Tiananmen crisis marked a crucial turning point for the People's Republic of China. The unprecedented demonstrations of popular dissent triggered the downfall of reformist premier Zhao Ziyang, who supported the students, and the rise of his conservative successor, Li Peng. The subsequent military crackdown on the demonstrators horrified the world and threatened the PRC with international isolation. In this book, distinguished scholars from Taiwan and the United States analyze the wide-ranging effects of the crisis on the role of ideology; the Party; the military; social and legal reform; economic reform; Taiwan and Hong Kong; and foreign relations. For anyone interested in China, and in particular the future of Communism, this volume will be essential reading.
Founding Moments in Constitutionalism by Richard Albert,Menaka Guruswamy,Nishchal Basnyat Pdf
Founding moments are landmark events that break ties with the ancien régime and lay the foundation for the establishment of a new constitutional order. They are often radically disruptive episodes in the life of a state. They reshape national law, reset political relationships, establish future power structures, and influence happenings in neighbouring countries. This edited collection brings together leading and emerging scholars to theorise the phenomenon of a founding moment. What is a founding moment? When does the 'founding' process begin and when does it end? Is a founding moment possible without yielding a new constitution? Can a founding moment lead to a partial or incomplete transformation? And should the state be guided by the intentions of those who orchestrated these momentous breaks from the past? Drawing from constitutions around the world, the authors ask these and other fundamental questions about making and remaking constitutions.
Author : Brian Christopher Jones Publisher : Taylor & Francis Page : 236 pages File Size : 54,5 Mb Release : 2017-03-27 Category : Law ISBN : 9781317157151
Law and Politics of the Taiwan Sunflower and Hong Kong Umbrella Movements by Brian Christopher Jones Pdf
Rarely do acts of civil disobedience come in such grand fashion as Taiwan’s Sunflower Movement and Hong Kong’s Umbrella Movement. The two protests came in regions and jurisdictions that many have underestimated as regards furthering notions of political speech, democratisation, and testing the limits of authority. This book breaks down these two movements and explores their complex legal and political significance. The collection brings together some of Asia’s, and especially Taiwan and Hong Kong’s, most prolific writers, many of whom are internationally recognised experts in their respective fields, to address the legal and political significance of both movements, including the complex questions they posed as regards democracy, rule of law, authority, and freedom of speech. Given that occupational type protests have become a prominent method for protesters to make their cases to both citizens and governments, exploring the legalities of these significant protests and establishing best practices will be important to future movements, wherever they may transpire. With this in mind, the book does not stop at implications for Taiwan and Hong Kong, but talks about its subject matter from a comparative, international perspective.
Hong Kong's Transition to Chinese Rule by Ralf Horlemann Pdf
Following the return of Hong Kong to Chinese sovereignty, it appears that the 'high degree of autonomy' promised to Hong Kong is limited in many ways. China's reservations about the development of democracy in Hong Kong lies at the heart of the problem. The conceptual inadequacies set out in the Basic Law, Hong Kong's mini-constitution, show a correlation between a lack of democracy and a loss of autonomy. This book argues that genuine autonomy from the central government in Beijing is impossible without a democratic system in Hong Kong. Developments since the handover have, however, demonstrated that democratic trends have been halted and even reversed and that democracy is not likely to be established in Hong Kong in the near future.
Institutional Change and the Political Transition in Hong Kong by Ian Scott Pdf
Scott focuses on Hong Kong's political, bureaucratic and legal institutions. The first section is concerned with public opinion on institutional provisions, voting systems and political parties. The second deals with current problems facing the executive, legislature, bureaucracy and legal system. The third part considers the effects of Chinese rule on the social and economic context in which Hong Kong's institutions will, or will not, function. Scott concludes with a discussion of possible scenarios of institutional development.
Author : Sonny Shiu-hing Lo Publisher : Hong Kong University Press Page : 352 pages File Size : 40,9 Mb Release : 2008-04-01 Category : Political Science ISBN : 9622099084
The Dynamics of Beijing-Hong Kong Relations by Sonny Shiu-hing Lo Pdf
This book critically assesses the implementation of the "one country, two systems" in the Hong Kong Special Administrative Region (HKSAR) from the political, judicial, legal, economic and societal dimensions. The author contends that there has been a gradual process of mainlandization of the HKSAR, meaning that Hong Kong is increasingly economically dependent on the People's Republic of China (PRC), politically deferent to the central government on the scope and pace of democratic reforms, socially more patriotic toward the motherland and more prone to media self-censorship, and judicially more vulnerable to the interpretation of the Basic Law by the National People's Congress. This book aims to achieve a breakthrough in relating the development of Hong Kong politics to the future of mainland China and Taiwan. By broadening the focus of the "one country, two systems" from governance to the process of Sino-British negotiations and their thrust-building efforts, this book argues that the diplomats from mainland China and Taiwan can learn from the ways in which Hong Kong's political future was settled in 1982–1984. This is a book for students, researchers, scholars, diplomats and lay people.
Author : Ming K. Chan,David J. Clark Publisher : Hong Kong University Press Page : 332 pages File Size : 53,9 Mb Release : 1991-01-01 Category : Law ISBN : 9622092969
The Hong Kong Basic Law by Ming K. Chan,David J. Clark Pdf
Analyses how China's socialist legal principles are incorporated into the Basic Law, and examines the conflicts in the drafting process between maintaining China's control and achieving genuine democracy and autonomy..
The A to Z of the Hong Kong SAR and the Macao SAR by Ming K. Chan,Sonny Shiu-Hing Lo Pdf
The Hong Kong Special Administrative Region of the People's Republic of China is located on the southeastern coast of China, and the Macao SAR can be found off of China's southern coast. Both regions have recently been released from European colonial rule: Hong Kong from British control in 1997 and Macao from Portugal in 1999. As SARs, Hong Kong and Macao retain a high degree of autonomy, and they control all issues except those of state (e.g. diplomatic relations and national defense). The A to Z of the Hong Kong SAR and the Macao SAR includes maps, photographs, a list of acronyms, a chronology, an introductory essay, a bibliography, and hundreds of cross-referenced dictionary entries on important persons, places, and events as well as political, economic and social background. However, unlike the rest of the series, all these sections are presented in duplicate: one for Hong Kong and one for Macao. The authoritative analysis and informative data presented clearly elucidate the unique situation of these two territories.
Relationship Between the Chinese Central Authorities and Regional Governments of Hong Kong and Macao: A Legal Perspective by Zhenmin Wang Pdf
This book discusses the basic theories and structures employed in handling the Central-SAR relationship under the “One Country, Two Systems” policy from the perspective of ruling by law. It also explores the fundamental principles and methods used in the division of powers between the central authorities and the SARs, and investigates the institutions responsible for handling the Central-SAR relationship and their practices. Further, it presents case studies since 1997 to help readers better understand the Central-SAR relationship. Lastly, the author raises some new questions for readers who want to further study this topic.
