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Hong Kong's Constitutional Debate

Hong Kong's Constitutional Debate PDF Author: Johannes M.M. Chan
Publisher: Hong Kong University Press
ISBN: 9622095097
Category : Law
Languages : en
Pages : 549

Book Description
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.

Hong Kong's Constitutional Debate

Hong Kong's Constitutional Debate PDF Author: Johannes M.M. Chan
Publisher: Hong Kong University Press
ISBN: 9622095097
Category : Law
Languages : en
Pages : 549

Book Description
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.

Hong Kong's Constitutional Debates

Hong Kong's Constitutional Debates PDF Author:
Publisher:
ISBN: 9789889899608
Category : Constitutional law
Languages : en
Pages : 259

Book Description


Constitutional Confrontation in Hong Kong

Constitutional Confrontation in Hong Kong PDF Author: Michael C. Davis
Publisher: Springer
ISBN: 1349203955
Category : Political Science
Languages : en
Pages : 226

Book Description
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.

Interpreting Hong Kong’s Basic Law: The Struggle for Coherence

Interpreting Hong Kong’s Basic Law: The Struggle for Coherence PDF Author: H. Fu
Publisher: Springer
ISBN: 0230610366
Category : Political Science
Languages : en
Pages : 265

Book Description
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 PDF Author: Danny Gittings
Publisher: Hong Kong University Press
ISBN: 9888139487
Category : Law
Languages : en
Pages : 446

Book Description
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

Law of the Hong Kong Constitution

Law of the Hong Kong Constitution PDF Author: Wenmin Chen
Publisher:
ISBN: 9789626617526
Category : Constitutional law
Languages : en
Pages : 1163

Book Description


Film and Constitutional Controversy

Film and Constitutional Controversy PDF Author: Marco Wan
Publisher: Cambridge University Press
ISBN: 110849577X
Category : Law
Languages : en
Pages : 191

Book Description
Constructs an original dialogue between constitutional law, film, and identity by using Hong Kong as a case study.

Interest Groups and the New Democracy Movement in Hong Kong

Interest Groups and the New Democracy Movement in Hong Kong PDF Author: Sonny Shiu-Hing Lo
Publisher: Routledge
ISBN: 1134988982
Category : Social Science
Languages : en
Pages : 313

Book Description
A new era in the democracy movement in Hong Kong began on July 1, 2003, when half a million people protested on the streets, and has included the 2012 anti-National Education campaign, the 2014 Occupy Central Movement and the rapid rise of localist groups. The new democracy movement in Hong Kong is characterized by a diversity of interest groups calling for political reform, policy change and the territory’s autonomy vis-à-vis the central government in Beijing. These groups include lawyers, teachers, students, nativists, workers, Catholics, human rights activists, environmental activists and intellectuals. This book marks a new attempt at understanding the activities of the various interest groups in their quest for democratic participation, governmental responsiveness and openness. They are utilizing new and unconventional modes of political participation, such as the Occupy Central Movement, cross-class mobilization, the use of technology and cyberspace, and human rights activities with cross-boundary implications for China’s political development. The book will be useful to students, researchers, officials, diplomats and journalists interested in the political change of Hong Kong and the implications for mainland China.

Hong Kong in Transition

Hong Kong in Transition PDF Author: Robert Ash
Publisher: Routledge
ISBN: 1134423896
Category : History
Languages : en
Pages : 245

Book Description
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.

Law and Politics of the Taiwan Sunflower and Hong Kong Umbrella Movements

Law and Politics of the Taiwan Sunflower and Hong Kong Umbrella Movements PDF Author: Brian Christopher Jones
Publisher: Routledge
ISBN: 1317157141
Category : Law
Languages : en
Pages : 236

Book Description
Rarely do acts of civil disobedience come in such grand fashion as Taiwan’s Sunflower Movement and Hong Kong’s Umbrella Movement. The two protests came in regions and jurisdictions that many have underestimated as regards furthering notions of political speech, democratisation, and testing the limits of authority. This book breaks down these two movements and explores their complex legal and political significance. The collection brings together some of Asia’s, and especially Taiwan and Hong Kong’s, most prolific writers, many of whom are internationally recognised experts in their respective fields, to address the legal and political significance of both movements, including the complex questions they posed as regards democracy, rule of law, authority, and freedom of speech. Given that occupational type protests have become a prominent method for protesters to make their cases to both citizens and governments, exploring the legalities of these significant protests and establishing best practices will be important to future movements, wherever they may transpire. With this in mind, the book does not stop at implications for Taiwan and Hong Kong, but talks about its subject matter from a comparative, international perspective.