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Author : Peter Wesley-Smith
Publisher : Butterworth-Heinemann
Page : 408 pages
File Size : 40,8 Mb
Release : 1988
Category : Law
ISBN : STANFORD:36105044228125
Author : Peter Wesley-Smith,Hongyi Chen
Publisher : MICHIE
Page : 389 pages
File Size : 53,6 Mb
Release : 1988-01-01
Category : China
ISBN : 0409995673
Author : Danny Gittings
Publisher : Hong Kong University Press
Page : 446 pages
File Size : 40,7 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
Author : Ming K. Chan,David J. Clark
Publisher : Hong Kong University Press
Page : 332 pages
File Size : 48,8 Mb
Release : 1991-01-01
Category : Law
ISBN : 9622092969
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..
Author : Hsin-chi Kuan
Publisher : IRPP
Page : 56 pages
File Size : 45,7 Mb
Release : 1990
Category : Business & Economics
ISBN : 0886451159
This paper examines Hong Kong's future with particular reference to its recently promulgated constitutional foundation--the Basic Law. It also addresses the issue of what the international community might do to help ensure Hong Kong's continuing economic viability and dynamism post-1997.
Author : H. Fu,L. Harris,S. Young
Publisher : Springer
Page : 265 pages
File Size : 47,5 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 : Berry Fong-Chung Hau
Publisher : Routledge
Page : 222 pages
File Size : 44,7 Mb
Release : 2019-07-25
Category : Social Science
ISBN : 9781315488233
Under the 1984 Sino-British Joint Declaration on the future of Hong Kong the previous capitalist system and life-style shall remain unchanged for 50 years. This concept has been embedded in the Basic Law of Hong Kong. The future of the Common Law judicial system in Hong Kong depends on the perceptions of it by Hong Kong's Chinese population; judicial developments prior to July 1, 1997, when Hong Kong passes from British to Chinese control; and the Basic Law itself. All of these critical issues are addressed in this book. It applies survey and statistical analysis to the study of the attitudes toward, and the values inherent to, the Common Law judicial system in the unique cultural and economic milieu of Hong Kong in transition.
Author : Yash Ghai
Publisher : Hong Kong University Press
Page : 637 pages
File Size : 41,6 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 : Raymond Wacks
Publisher : Oxford University Press, USA
Page : 472 pages
File Size : 50,8 Mb
Release : 1989
Category : History
ISBN : STANFORD:36105044246911
This volume provides a theoretical and procedural perspective of the common law in Hong Kong. Contributors evaluate and predict the development of the common law in Hong Kong up to 1997 and beyond.
Author : Priscilla Mei-fun Leung
Publisher : Butterworth-Heinemann
Page : 474 pages
File Size : 51,7 Mb
Release : 1998
Category : Law
ISBN : STANFORD:36105063210293
Author : Gonzalo Villalta Puig,Eric C Ip
Publisher : Taylor & Francis
Page : 204 pages
File Size : 41,5 Mb
Release : 2023-02-22
Category : Law
ISBN : 9781000823981
On the 25th anniversary of the establishment of the Hong Kong Special Administrative Region of the People’s Republic of China, this book presents the first monographic study of the Hong Kong Basic Law as an economic document. The Basic Law codifies what Gonzalo Villalta Puig and Eric C Ip call free market constitutionalism, the logic of Hong Kong’s economic liberty as the freest market economy in the world. This book, which is the outcome of several years of study with the financial support of the General Research Fund of Hong Kong’s Research Grants Council, evaluates the public choice rationale of the Basic Law and its projection on the Hong Kong economy, with a focus on the policy development of economic liberty both internally and externally. In the academic tradition of James M Buchanan’s constitutional political economy, the book opens with a conceptualisation of free market constitutionalism in Hong Kong. It studies the origins of this concept in the 19th-century classically liberal common law and how it developed into a Hayekian laissez-faire convention under British colonial rule, was codified into the Basic Law and is interpreted and applied by the branches of the Government of the Region. The book closes with remarks on the future of Hong Kong’s free market constitutionalism in face of recent challenges as the year 2047 approaches and the 50 years of ‘unchanged’ capitalist system under the Basic Law pass. This book will appeal to students, scholars and practitioners of law, economics, political science and public administration. It will especially appeal to those with an interest in Hong Kong law, international economic law or comparative constitutional law.
Author : Michael C. Davis
Publisher : Springer
Page : 226 pages
File Size : 54,6 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 : Ralf Horlemann
Publisher : Routledge
Page : 335 pages
File Size : 40,8 Mb
Release : 2003-09-02
Category : History
ISBN : 9781134434107
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.
Author : Raymond Wacks
Publisher : Hong Kong University Press
Page : 710 pages
File Size : 45,9 Mb
Release : 1999-11-01
Category : Law
ISBN : 9789622095076
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 undermine the rule of law and the integrity of the legal order? The 21 essays in this important new collection consider these, and many other, questions. The first part examines several problems that lie at the heart of the Basic Law's promise of legal continuity. Hong Kong's economic order and its legal buttresses are analysed in Part 2, while the essays in Part 3 trace the shifts in social values as reflected both in Chinese and Hong Kong law. Though they embrace a wide area, the contributions to this volume suggest that, while many problems lie ahead, Hong Kong's law and legal system seem adequately entrenched to endure well into the future. Raymond Wacks is Professor of Law and Legal Theory at the University of Hong Kong. He is an international authority on the legal protection of privacy, and has also published widely in the field of legal theory. Professor Wacks has edited several books on Hong Kong law and human rights. His recent books include Privacy and Press Freedom (1995). The fifth edition of his text, Jurisprudence will appear in early 2000. “(B)y far the most comprehensive study of the post-1997 legal order I have come across, covering nearly all the subjects which the Basic Law touches upon... (I)t contains much insightful analysis of the historical development and future issues surrounding each topic... A very valuable contribution to scholarship... Far more importantly, there is no collection that comes close to such an array of good analysis on so many topics.” — Anthony Neoh, SC, Visiting Professor, Peking University
Author : Ian Richard Scott,John P. Burns
Publisher : Oxford University Press, USA
Page : 308 pages
File Size : 43,8 Mb
Release : 1988
Category : Language Arts & Disciplines
ISBN : STANFORD:36105038489881
This book considers the role that the Hong Kong civil service could and should play in the transitional period leading to the resumption of Chinese sovereignty in 1997. Examining in detail structural issues, the changing role of the civil servant, and the political environment, the contributors argue for a comprehensive program of administrative reform that would maintain civil service credibility, stability and efficiency in an increasingly hostile political climate.