The Constitutional System Of The Hong Kong Sar

Author : Albert H Y Chen,Po Jen Yap
Publisher : Bloomsbury Publishing
Page : 265 pages
File Size : 50,9 Mb
Release : 2023-08-17
Category : Law
ISBN : 9781509956319

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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 : Yash Ghai
Publisher : Hong Kong University Press
Page : 608 pages
File Size : 51,8 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 : Anton Cooray
Publisher : Kluwer Law International B.V.
Page : 594 pages
File Size : 51,7 Mb
Release : 2022-10-20
Category : Law
ISBN : 9789403545240

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Constitutional Law in Hong Kong by Anton Cooray Pdf

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 : Johannes M.M. Chan,H.L. Fu,Yash Ghai
Publisher : Hong Kong University Press
Page : 549 pages
File Size : 47,5 Mb
Release : 2000-02-01
Category : Law
ISBN : 9789622095090

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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.

Author : H. Fu,L. Harris,S. Young
Publisher : Springer
Page : 265 pages
File Size : 40,6 Mb
Release : 2007-12-25
Category : Political Science
ISBN : 9780230610361

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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.

Author : Danny Gittings
Publisher : Hong Kong University Press
Page : 446 pages
File Size : 55,7 Mb
Release : 2013-07-01
Category : Law
ISBN : 9789888139484

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Introduction to the Hong Kong Basic Law by Danny Gittings Pdf

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 : Peter Wesley-Smith
Publisher : Butterworth-Heinemann
Page : 408 pages
File Size : 41,9 Mb
Release : 1988
Category : Law
ISBN : STANFORD:36105044228125

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The Basic Law and Hong Kong's Future by Peter Wesley-Smith Pdf

Author : Priscilla Mei-fun Leung
Publisher : Butterworth-Heinemann
Page : 474 pages
File Size : 50,7 Mb
Release : 1998
Category : Law
ISBN : STANFORD:36105063210293

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The Basic Law of the HKSAR by Priscilla Mei-fun Leung Pdf

Author : Ralf Horlemann
Publisher : Routledge
Page : 335 pages
File Size : 55,5 Mb
Release : 2003-09-02
Category : History
ISBN : 9781134434107

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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.

Author : Hsin-chi Kuan
Publisher : IRPP
Page : 56 pages
File Size : 51,5 Mb
Release : 1990
Category : Business & Economics
ISBN : 0886451159

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Hong Kong After the Basic Law by Hsin-chi Kuan Pdf

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 : Richard Cullen
Publisher : Routledge
Page : 168 pages
File Size : 46,9 Mb
Release : 2020-02-04
Category : Law
ISBN : 9780429842900

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Hong Kong Constitutionalism by Richard Cullen Pdf

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.

Author : Michael C. Davis
Publisher : Springer
Page : 226 pages
File Size : 51,5 Mb
Release : 2016-01-03
Category : Political Science
ISBN : 9781349203956

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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.

Author : Peter Wesley-Smith
Publisher : Unknown
Page : 258 pages
File Size : 42,8 Mb
Release : 1987
Category : Administrative law
ISBN : UCSD:31822006399463

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Constitutional & Administrative Law in Hong Kong by Peter Wesley-Smith Pdf

Author : Han Zhai
Publisher : BRILL
Page : 291 pages
File Size : 49,7 Mb
Release : 2019-12-16
Category : Law
ISBN : 9789004388147

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The Constitutional Identity of Contemporary China by Han Zhai Pdf

In The Constitutional Identity of Contemporary China: The Unitary System and Its Internal Logic, Han Zhai an account of constitutional identity merging with China’s constitutional history and her constitutional complex from a comparative perspective.

Author : Ngoc Son Bui,Stuart Hargreaves,Ryan Mitchell
Publisher : Taylor & Francis
Page : 517 pages
File Size : 49,9 Mb
Release : 2022-12-29
Category : Law
ISBN : 9781000800579

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Routledge Handbook of Constitutional Law in Greater China by Ngoc Son Bui,Stuart Hargreaves,Ryan Mitchell Pdf

The Handbook of Constitutional Law in Greater China surveys important issues of constitutional law in Mainland China, Hong Kong, Macau, and Taiwan. It synthesizes existing scholarship, debates, and views on important constitutional issues in the four jurisdictions. Written by a range of scholars, it contributes to both national and comparative scholarship on constitutional law in these jurisdictions. The book includes four parts: Part I: History. This part explores the constitutional movement of the Qing dynasty; constitutional projects in modern China; and aspects of the drafting and implementation history of the Hong Kong and Macau Basic Laws Part II: Structure. This part discusses the relationship between the party-state and the Chinese constitutional order; Chinese constitutionalism; constitutional aspects of city development under the SAR concept; constitutional review in Mainland China; a history of Taiwan’s ‘Council of Grand Justices’; and judicial review in both Hong Kong and Macau Part III: Rights, Society, and Economy. This part deals with Hong Kong’s National Security Law and its impact on the ‘one country, two systems model’; social movements and constitutionalism; LGBT rights advocacy; the integration of capitalist regions within socialist China; the constitutional relevance of labour reforms in Mainland China; healthcare rights in both the Mainland and the SARS; and foreign investment under Art. 18 of the PRC Constitution Part IV: Transnational Engagement. This part surveys comparative writings on China’s constitution; the influence of international human rights treaties on China’s constitutional order; the international dimension of Hong Kong’s constitutional order; and the changing role of the ‘overseas judges’ in Hong Kong Exploring both historical and cutting-edge constitutional issues, this reference book is important reading for law researchers, lawyers, graduate students, undergraduates, and practitioners in the field of constitutional law and politics in Mainland China, Taiwan, Hong Kong, and Macau.