The New Legal Order In Hong Kong

Author : Raymond Wacks
Publisher : Hong Kong University Press
Page : 710 pages
File Size : 44,6 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 : Albert H.Y. Chen
Publisher : City University of HK Press
Page : 440 pages
File Size : 55,6 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 : Stefan H. C. Lo,Kevin Kwok-yin Cheng,Wing Hong Chui
Publisher : Cambridge University Press
Page : 447 pages
File Size : 49,5 Mb
Release : 2019-12-19
Category : Law
ISBN : 9781108721820

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The Hong Kong Legal System by Stefan H. C. Lo,Kevin Kwok-yin Cheng,Wing Hong Chui Pdf

Offers an accessible overview of Hong Kong's legal system and guides first-year law students in legal research and methods.

Author : Yash Ghai
Publisher : Hong Kong University Press
Page : 608 pages
File Size : 44,8 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 : Peter Wesley-Smith
Publisher : Hong Kong University Press
Page : 355 pages
File Size : 50,7 Mb
Release : 1994-10-01
Category : Law
ISBN : 9789622093638

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The Sources of Hong Kong Law by Peter Wesley-Smith Pdf

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 : Albert H. Y. Chen
Publisher : Unknown
Page : 440 pages
File Size : 46,7 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 : Peter Wesley-Smith
Publisher : Oxford University Press, USA
Page : 134 pages
File Size : 47,5 Mb
Release : 1987
Category : Law
ISBN : UCAL:B4461132

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An Introduction to the Hong Kong Legal System by Peter Wesley-Smith Pdf

Providing an overview of the Hong Kong legal system and constitution, this monograph is the first concise and comprehensive guide to such topics as the process of legislative law-making in Hong Kong, imported law, literary sources, court structure, the interpretation of statutes, and legal personnel and institutions.

Author : Hongyi Chen
Publisher : Unknown
Page : 37 pages
File Size : 51,6 Mb
Release : 2001
Category : Constitutional law
ISBN : OCLC:51788213

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Hong Kong's Legal System in the New Constitutional Order by Hongyi Chen Pdf

Author : H. Fu,L. Harris,S. Young
Publisher : Springer
Page : 265 pages
File Size : 47,9 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 : Albert H Y Chen,Po Jen Yap
Publisher : Bloomsbury Publishing
Page : 265 pages
File Size : 45,8 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 : Berry Fong-Chung Hsu
Publisher : M.E. Sharpe
Page : 310 pages
File Size : 47,9 Mb
Release : 1992
Category : Law
ISBN : 0873328450

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The Common Law System in Chinese Context by Berry Fong-Chung Hsu Pdf

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. These critical issues are addressed in this book.

Author : Simon N. M. Young,Yash Ghai
Publisher : Cambridge University Press
Page : 739 pages
File Size : 53,5 Mb
Release : 2014
Category : Law
ISBN : 9781107011212

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Hong Kong's Court of Final Appeal by Simon N. M. Young,Yash Ghai Pdf

In the years since it was established on 1 July 1997, Hong Kong's Court of Final Appeal has developed a distinctive body of new law and doctrine with the help of eminent foreign common law judges. Under the leadership of Chief Justice Andrew Li, it has also remained independent under Chinese sovereignty and become a model for other Asian final courts working to maintain the rule of law, judicial independence and professionalism in challenging political environments. In this book, leading practitioners, jurists and academics examine the Court's history, operation and jurisprudence, and provide a comparative analysis with European courts and China's other autonomous final court in Macau. It also makes use of extensive empirical data compiled from the jurisprudence to illuminate the Court's decision-making processes and identify the relative impacts of the foreign and local judges.

Author : Ian Dobinson,Derek Roebuck
Publisher : Unknown
Page : 216 pages
File Size : 43,5 Mb
Release : 1996
Category : Administrative law
ISBN : STANFORD:36105062092171

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Introduction to Law in the Hong Kong SAR by Ian Dobinson,Derek Roebuck Pdf

This is an introductory guide to the legal system of Hong Kong as it becomes a Special Administrative Region. Covering systematically issues such law creation, administration and application, it is aimed in particular at students

Author : Stefan H. C. Lo,Wing Hong Chui
Publisher : Unknown
Page : 270 pages
File Size : 42,7 Mb
Release : 2012
Category : Law
ISBN : 0071087877

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The Hong Kong Legal System by Stefan H. C. Lo,Wing Hong Chui Pdf

Author : Priscilla Mei-fun Leung
Publisher : Unknown
Page : 506 pages
File Size : 53,5 Mb
Release : 2007
Category : Common law
ISBN : UCSD:31822037185568

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The Hong Kong Basic Law by Priscilla Mei-fun Leung Pdf