Hong Kong S New Constitutional Order


Hong Kong S New Constitutional Order
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Hong Kong S New Constitutional Order


Hong Kong S New Constitutional Order
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Author : Yash Ghai
language : en
Publisher: Hong Kong University Press
Release Date : 1997-05-01

Hong Kong S New Constitutional Order written by Yash Ghai and has been published by Hong Kong University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-05-01 with Law categories.


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.



Interpreting Hong Kong S Basic Law The Struggle For Coherence


Interpreting Hong Kong S Basic Law The Struggle For Coherence
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Author : H. Fu
language : en
Publisher: Springer
Release Date : 2007-12-25

Interpreting Hong Kong S Basic Law The Struggle For Coherence written by H. Fu and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-12-25 with Political Science categories.


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.



Introduction To The Hong Kong Basic Law


Introduction To The Hong Kong Basic Law
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Author : Danny Gittings
language : en
Publisher: Hong Kong University Press
Release Date : 2013-07-01

Introduction To The Hong Kong Basic Law written by Danny Gittings and has been published by Hong Kong University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-07-01 with Law categories.


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



The New Legal Order In Hong Kong


The New Legal Order In Hong Kong
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Author : Raymond Wacks
language : en
Publisher: Hong Kong University Press
Release Date : 1999-11-01

The New Legal Order In Hong Kong written by Raymond Wacks and has been published by Hong Kong University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-11-01 with Law categories.


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



Routledge Handbook Of Constitutional Law In Greater China


Routledge Handbook Of Constitutional Law In Greater China
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Author : Ngoc Son Bui
language : en
Publisher: Taylor & Francis
Release Date : 2022-12-29

Routledge Handbook Of Constitutional Law In Greater China written by Ngoc Son Bui and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-29 with Law categories.


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.



Constitutional Law And Human Rights In Hong Kong A Sourcebook


Constitutional Law And Human Rights In Hong Kong A Sourcebook
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Author : Guobin Zhu
language : en
Publisher: City University of HK Press
Release Date : 2021-07-01

Constitutional Law And Human Rights In Hong Kong A Sourcebook written by Guobin Zhu and has been published by City University of HK Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-01 with Law categories.


The context in which constitutional laws and human rights instruments are read is ever-changing, and this is particularly true for the Hong Kong Special Administrative Region. To understand the application of both national and local legislation and internationally recognized covenants, it is essential to be well acquainted with the documents themselves. Constitutional Law and Human Rights in Hong Kong—A Sourcebook is a one-stop resource for teaching, learning, and researching constitutional law and human rights in Hong Kong. As a handbook of teaching materials suitable for undergraduate and postgraduate studies, it is an indispensable tool for courses such as Hong Kong Constitutional Law, Basic Law, Public Law of Hong Kong, The Law of Human Rights of Hong Kong, International Human Rights Law, International Criminal Law, International Labour Law, Law and Gender, International Environmental Law, Business and Human Rights, and Discrimination Law. Moreover, it is equally useful for teaching and research in the fields of political science, business, and other social sciences. • Up-to-date legislation • Condensed into a single volume • An essential teaching and reference guide • Applicable across multiple legal fields



The Basic Law And Hong Kong S Future


The Basic Law And Hong Kong S Future
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Author : Peter Wesley-Smith
language : en
Publisher: Butterworth-Heinemann
Release Date : 1988

The Basic Law And Hong Kong S Future written by Peter Wesley-Smith and has been published by Butterworth-Heinemann this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with Law categories.




The Basic Law Of The Hong Kong Special Administrative Region Of The People S Republic Of China


The Basic Law Of The Hong Kong Special Administrative Region Of The People S Republic Of China
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Author : China
language : en
Publisher:
Release Date : 1994

The Basic Law Of The Hong Kong Special Administrative Region Of The People S Republic Of China written by China and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Constitutional law categories.




A Confucian Constitutional Order


A Confucian Constitutional Order
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Author : Jiang Qing
language : en
Publisher: Princeton University Press
Release Date : 2012-10-28

A Confucian Constitutional Order written by Jiang Qing and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-10-28 with Political Science categories.


What a Confucian constitutional government might look like in China's political future As China continues to transform itself, many assume that the nation will eventually move beyond communism and adopt a Western-style democracy. But could China develop a unique form of government based on its own distinct traditions? Jiang Qing—China's most original, provocative, and controversial Confucian political thinker—says yes. In this book, he sets out a vision for a Confucian constitutional order that offers a compelling alternative to both the status quo in China and to a Western-style liberal democracy. A Confucian Constitutional Order is the most detailed and systematic work on Confucian constitutionalism to date. Jiang argues against the democratic view that the consent of the people is the main source of political legitimacy. Instead, he presents a comprehensive way to achieve humane authority based on three sources of political legitimacy, and he derives and defends a proposal for a tricameral legislature that would best represent the Confucian political ideal. He also puts forward proposals for an institution that would curb the power of parliamentarians and for a symbolic monarch who would embody the historical and transgenerational identity of the state. In the latter section of the book, four leading liberal and socialist Chinese critics—Joseph Chan, Chenyang Li, Wang Shaoguang, and Bai Tongdong—critically evaluate Jiang's theories and Jiang gives detailed responses to their views. A Confucian Constitutional Order provides a new standard for evaluating political progress in China and enriches the dialogue of possibilities available to this rapidly evolving nation. This book will fascinate students and scholars of Chinese politics, and is essential reading for anyone concerned about China's political future.



Constitutional Confrontation In Hong Kong


Constitutional Confrontation In Hong Kong
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Author : Michael C. Davis
language : en
Publisher: Springer
Release Date : 2016-01-03

Constitutional Confrontation In Hong Kong written by Michael C. Davis and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-03 with Political Science categories.


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.