The Changing Legal Orders In Hong Kong And Mainland China Essays On One Country Two Systems

Author : Albert H.Y. Chen
Publisher : City University of HK Press
Page : 440 pages
File Size : 44,9 Mb
Release : 2021-03
Category : Law
ISBN : 9789629374501

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The Changing Legal Orders in Hong Kong and Mainland China: Essays on “One Country, Two Systems” by Albert H.Y. Chen Pdf

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 : Albert H. Y. Chen
Publisher : Unknown
Page : 440 pages
File Size : 48,7 Mb
Release : 2021
Category : China
ISBN : 9629376040

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The Changing Legal Orders in Hong Kong and Mainland China by Albert H. Y. Chen Pdf

Author : Raymond Wacks
Publisher : Hong Kong University Press
Page : 710 pages
File Size : 45,8 Mb
Release : 1999-11-01
Category : Law
ISBN : 9789622095076

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The New Legal Order in Hong Kong by Raymond Wacks Pdf

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 : Wong
Publisher : Lexington Books
Page : 255 pages
File Size : 43,5 Mb
Release : 2008-06-19
Category : History
ISBN : 9780739130360

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One Country, Two Systems In Crisis by Wong Pdf

In the tumultuous negotiations of the Sino-British Joint Declaration of 1984, the United Kingdom willingly signed over Hong Kong's reigns to the People's Republic of China, but with the presupposition that the PRC would faithfully implement the principle of 'one country, two systems' for the following fifty years. Yet since the handover in 1997, the PRC has failed to allow Hong Kong a higher degree of autonomy. 'One Country, Two Systems' in Crisis elucidates how China's intervention has curtailed Hong Kong's civil liberties; how freedom of speech is at the mercy of the government; and how deception has turned the 'Pearl of the Orient' into the rubber stamp of the Chinese Communist Party.

Author : Larry Catá Backer
Publisher : Unknown
Page : 588 pages
File Size : 43,5 Mb
Release : 2021-05
Category : Philosophy
ISBN : 1949943054

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Hong Kong Between One Country and Two Systems by Larry Catá Backer Pdf

The book provides a series of chronologically arranged essays that chart the history of the great transformation of Hong Kong's political ordering under the 'One Country Two Systems' Principle that started with mass street protests in early June 2019 and ended with the promulgation of a National Anthem and National Security Law for Hong Kong in June-July 2020. The essays examine the evolution of the political, economic, social, and cultural responses of the three major actors--the Chinese central authorities, the Hong Kong protesters, and the international community (principally the US and UK). The essays analyze the transformation of the One Country Two Systems principle that followed this extraordinary and sometimes violent engagement from one that appeared to emphasize the distinctiveness of Hong Kong's system, to one that appeared to refocus the political framework to better on the alignment Hong Kong with the political system of China. The object is to capture not just the strategic and normative developments that produced the new order for Hong Kong in June 2020, but also to give a sense of the uncertainties and anticipations as the events themselves unfolded during the course of the year. The process of ideological genesis over the course of the year is best captured from a state of anticipation without the benefit of foresight. The essays , then, do not look back on events after the fact, but speculate, discover, and captures moments that from June 2020 look inevitable but which from the perspective of June 2019 appeared far less so. They are meant to retain the freshness of the moment.

Author : Kam C. Wong
Publisher : Transaction Publishers
Page : 235 pages
File Size : 44,6 Mb
Release : 2012-08-14
Category : History
ISBN : 9781412846745

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One Country, Two Systems by Kam C. Wong Pdf

The legal issues evoked by cross-border crime in Hong Kong and China are sparse and what does exist is mostly in Chinese. This book provides the first systematic, comprehensive, and in-depth analysis of how Chinese, British, Hong Kong, and international law were applied in the “Big Spender” case. Kam C. Wong outlines the respective positions of various parties to the dispute. Part of the case’s fascination involves competing interests, and that political clout counted for more than legal theory. “Big Spender” may be little known outside Hong Kong and China, but he made history there. It was the first time a Hong Kong legal resident had been prosecuted, tried, and ultimately executed in China for acts largely perpetrated in Hong Kong. The case tested the limits of the one-country, two-systems approach under which Hong Kong and China coexist. It also forced politicians, government officials, and the public in both Hong Kong and China to come to terms with the legal and policy issues related to cross-border crime. Wong sees the “Big Spender” case as making clear the dire need for both sides to find workable solutions to concurrent jurisdiction, police cooperation, and judicial assistance. Until there is an acceptable arrangement governing the rendition of offenders between Hong Kong and mainland China, the one- country, two-systems formula cannot be stabilized. This is a “case study” in large-scale terms.

Author : Lau Siu-Kai
Publisher : 商務印書館(香港)有限公司
Page : 128 pages
File Size : 53,5 Mb
Release : 2017-05-23
Category : History
ISBN : 9789620772115

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The Practice of "One Country, Two system" Policy in Hong Kong by Lau Siu-Kai Pdf

初步回顧和展望基本法頒佈二十七年和“一國兩制”實踐二十年，總結經驗和汲取教訓。 研究香港回歸二十年政治發展與特區管治的問題，為香港日後的政治發展提出一些有利於特區管治的意見

Author : Robert Ash,Peter Ferdinand,Brian Hook,Robin Porter
Publisher : Routledge
Page : 245 pages
File Size : 42,5 Mb
Release : 2003-08-29
Category : History
ISBN : 9781134423897

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Hong Kong in Transition by Robert Ash,Peter Ferdinand,Brian Hook,Robin Porter Pdf

This book offers a perspective on the constitutional and administrative experiment that has been taking place in Hong Kong, based on a substantial period under Chinese rule.

Author : Hualing Fu,Michael Hor
Publisher : Hong Kong University Press
Page : 395 pages
File Size : 55,5 Mb
Release : 2022-07-12
Category : Law
ISBN : 9789888754199

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The National Security Law of Hong Kong by Hualing Fu,Michael Hor Pdf

The Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong SAR (the ‘NSL’) promises to be the most important legal development in Hong Kong since the advent of the Basic Law. Many wondered in the aftermath of the NSL how the foundations of Hong Kong’s system might be changed and in what way the freedoms valued by Hong Kong may be affected. Supporters view the law as essential for the preservation of public order and the national security of China and to support the fundamental well-being of “One Country, Two Systems”, an arrangement that has been in place since the return of Hong Kong to China. Critics fear an adverse impact on the spirit of “One Country, Two Systems”. From a discussion initiated by the University of Hong Kong’s Faculty of Law, this collection of essays brings together leading experts on Hong Kong and Chinese law to offer an exploratory study of the NSL and its impact on the legal system and the principle of the rule of law in Hong Kong. The book examines the ramifications of the law in relation to constitutional matters, protecting national security and sustaining “One Country, Two Systems”, policing, judicial independence, and extraterritoriality, as well as its wider implications in areas such as academic freedom and the business environment. It explores the interaction between Hong Kong and Chinese law occasioned by the NSL. Finally, the book offers a comparative perspective of the experience of other jurisdictions that have engaged with similar security legislation. “This collection addresses an important and timely issue, and provides an invaluable resource for all lawyers interested in Hong Kong as they grapple with the momentous changes in its legal landscape. The collection will surely serve as a reference point for further discussion and debate.” —Victor V. Ramraj, University of Victoria, Canada “This book covers the most important aspects of national security issues, including freedom and security that we have always been concerned about. This timely publication not only offers the latest research results for the academic community, but also provides important reference materials for the Hong Kong society to understand the important topics of national security.” —Zhu Guobin, City University of Hong Kong

Author : Roda Mushkat
Publisher : Hong Kong University Press
Page : 232 pages
File Size : 40,7 Mb
Release : 1997-01-01
Category : Law
ISBN : 9789622094277

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One Country, Two International Legal Personalities by Roda Mushkat Pdf

In Once A Hero, his latest collection of essays, Lam describes the decline of Hong Kong cinema since 1997 and gives an eyewitness account of its attempt to reinvent itself.

Author : Yash Ghai
Publisher : Hong Kong University Press
Page : 608 pages
File Size : 41,6 Mb
Release : 1997-05-01
Category : Law
ISBN : 9789622094635

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Hong Kong's New Constitutional Order by Yash Ghai Pdf

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 : Albert H Y Chen,Po Jen Yap
Publisher : Bloomsbury Publishing
Page : 225 pages
File Size : 51,8 Mb
Release : 2023-08-17
Category : Law
ISBN : 9781509956302

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The Constitutional System of the Hong Kong SAR by Albert H Y Chen,Po Jen Yap Pdf

This book provides an account of the evolving constitutional arrangement known as “One Country, Two Systems”, as practised in the Hong Kong Special Administrative Region of the People's Republic of China (PRC). The British colony of Hong Kong, one of the “Four Little Dragons” of East Asia, reverted to Chinese rule in 1997. Since then, Hong Kong has continued to be an international financial centre, a free market, and a cosmopolitan city. At the same time, the tensions and contradictions inherent in “One Country, Two Systems” have given rise to constitutional controversies and social movements, culminating in the Umbrella movement of 2014, the anti-extradition law movement of 2019, the enactment of a National Security Law in 2020, and the electoral overhaul of 2021. This book discusses the structure and operations of Hong Kong's legal, judicial and political systems and their interactions with the national authorities of the PRC. The book provides a useful case study in comparative constitutional law, especially on autonomy and devolution issues within sovereign States. This comparative study is particularly interesting because Hong Kong is a common law jurisdiction within the PRC's socialist legal system. It will therefore be of interest to students and scholars of Chinese law, Hong Kong law and comparative politics, as well as lawyers whose practice involves Hong Kong.

Author : Vito Breda
Publisher : Edward Elgar Publishing
Page : 285 pages
File Size : 51,8 Mb
Release : 2023-08-14
Category : Law
ISBN : 9781839107108

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Constitutional Crises and Regionalism by Vito Breda Pdf

This informative book analyses regional constitutional crises, where a large portion of residents no longer believe that the rule of law, as defined by central institutions, governs them. Laying out a framework for effective governance in divided societies, Vito Breda argues that peace and collaboration are linked to managing shared beliefs through constitutional law.

Author : Jorge Oliveira,Paulo Cardinal
Publisher : Springer Science & Business Media
Page : 810 pages
File Size : 42,9 Mb
Release : 2009-07-21
Category : Law
ISBN : 9783540685722

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One Country, Two Systems, Three Legal Orders - Perspectives of Evolution by Jorge Oliveira,Paulo Cardinal Pdf

“One Country, Two Systems, Three Legal Orders” – Perspectives of Evolution – : Essays on Macau’s Autonomy after the Resumption of Sovereignty by China” can be said, in a short preamble-like manner, to be a book that provides a comprehensive look at several issues regarding public law that arise from, or correlate with, the Chinese apex motto for reunification – One Country, Two Systems – and its implementation in Macau and Hong Kong. Noble and contemporary themes such as autonomy models and fundamental rights are thoroughly approached, with a multilayered analysis encompassing both Western and Chinese views, and an extensive comparative law acquis is also brought forward. Furthermore, relevant issues on international law, criminal law, and historical and comparative evolutions and interactions of different legal s- tems are laid down in this panoramic, yet comprehensive book. One cannot but underline the presence, in the many approaches and comments, of a certain aura of a modern Kantian cosmopolitanism revisitation throughout the work, especially when dealing with the cardinal principle of «One Country, Two Systems», which enabled a peaceful and integral reunification ex vi international law – the Joint Declarations – that ended an external and distant control.

Author : Jie (Jeanne) Huang
Publisher : Bloomsbury Publishing
Page : 352 pages
File Size : 45,8 Mb
Release : 2014-11-01
Category : Law
ISBN : 9781782253716

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Interregional Recognition and Enforcement of Civil and Commercial Judgments by Jie (Jeanne) Huang Pdf

Judgment recognition and enforcement (JRE) between the US states, between EU Member States, and between mainland China, Hong Kong and Macao, are all forms of 'interregional JRE'. This extensive comparative study of the three most important JRE regimes focuses on what lessons China can draw from the US and the EU in developing a multilateral JRE arrangement for mainland China, Hong Kong and Macao.Mainland China, Hong Kong and Macao share economic, geographical, cultural, and historical proximity to one another. The policy of 'One Country, Two Systems' also provides a quasi-constitutional regime for the three regions. However, there is no multilateral JRE scheme among them, as there is in the US and the EU; and it is harder to recognise and enforce sister-region judgments in China than in the US and the EU. The book analyses the status quo of JRE in China and explores its insufficiencies; it proposes a multilateral JRE arrangement for Chinese regions to alleviate current JRE difficulties; and it also provides solutions for the macro and micro challenges of establishing a multilateral arrangement, drawing upon the rich literature on JRE regimes found in the US and the EU. ENDORSEMENTS 'Professor Huang has completed a highly readable and comprehensive study of the issues governing recognition and enforcement of judgments among the three distinct legal regimes of the People's Republic of China...Her ideas will surely enrich the Chinese debate as well as provide interesting scholarly material for non-Chinese seeking greater understanding of legal reform in the PRC'. Peter D Trooboff, Senior Counsel, Covington & Burling LLP, Washington DC, USA 'The book shows meticulous, analytical and comparative scholarship. Dr Huang's proposal of a multilateral arrangement makes an original and valuable contribution to the study of interregional judgment recognition and enforcement among Mainland China, Hong Kong, and Macao'. Renshan Liu, Professor and Dean, Law School of Zhongnan University of Economics and Law, China 'Dr Huang's timely work provides an insightful analysis of one of the more vexed aspects of the inter-regional legal relations in Greater China. Her careful investigation makes a valuable contribution to the academic and practical work on the recognition and enforcement of judgments between China and her two special administrative regions. The comparative approach she adopts represents the true utility of comparativism for legal scholarship'. Bing Ling, Professor of Chinese Law, Sydney Law School, Australia PREFACE AND FOREWORD Please click on the link below to read the preface and foreword: www.hartpub.co.uk/Huang_Preface_Foreword.pdf The book won the First Prize for Excellent Scholarship awarded by the China Society of Private International Law in 2015.