Survival of the Rule of Law in Hong Kong PDF Download

Author: Daniel R. Fung
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 80

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Author: Steve Yui-Sang Tsang
Publisher: Palgrave Macmillan
ISBN: 9780333930526
Category : Political Science
Languages : en
Pages : 208

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Book Description
This book examines whether judicial independence and the rule of law can survive in Hong Kong under Chinese sovereignty. Contributors assess their protection under the Basic Law, the institutional and individual independence of the judiciary, and the maintenance of the due process and a free press. They also scrutinize the threats stemming from the need to accommodate national security and wider political concerns. These assessments are set in the context of a comparison with the early years of British rule and based on developments in the two years following the handover.

Author: Raymond Wacks
Publisher: Hong Kong University Press
ISBN: 9622095070
Category : Law
Languages : en
Pages : 710

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Book Description
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: Ralf Horlemann
Publisher: Routledge
ISBN: 1134434103
Category : History
Languages : en
Pages : 335

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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: Stephen D. Krasner
Publisher: Columbia University Press
ISBN: 0231505418
Category : Political Science
Languages : en
Pages : 585

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Book Description
Some of the most pressing issues in the contemporary international order revolve around a frequently invoked but highly contested concept: sovereignty. To what extent does the concept of sovereignty—as it plays out in institutional arrangements, rules, and principles—inhibit the solution of these issues? Can the rules of sovereignty be bent? Can they be ignored? Do they represent an insurmountable barrier to stable solutions or can alternative arrangements be created? Problematic Sovereignty attempts to answer these and other fundamental questions by taking account of the multiple, sometimes contradictory, components of the concept of sovereignty in cases ranging from the struggle for sovereignty between China and Taiwan to the compromised sovereignty of Bosnia under the Dayton Accord. Countering the common view of sovereignty that treats it as one coherent set of principles, the chapters of Problematic Sovereignty illustrate cases where the disaggregation of sovereignty has enabled political actors to create entities that are semiautonomous, semi-independent, and/or semilegal in order to solve specific problems stemming from competing claims to authority.

Author: Wong
Publisher: Lexington Books
ISBN: 0739130366
Category : History
Languages : en
Pages : 255

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Book Description
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: Lili Song
Publisher: Cambridge University Press
ISBN: 1108483984
Category : Law
Languages : en
Pages : 229

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Book Description
Systematic and critical examination of Chinese refugee law and policy including information acquired from interviews and field visits.

Author: Hong Kong
Publisher:
ISBN:
Category : Delegated legislation
Languages : en
Pages : 688

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Author: AlbertH.Y. Chen
Publisher: Routledge
ISBN: 1351552570
Category : Law
Languages : en
Pages : 622

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Book Description
Public Law in East Asia is a collection of the leading English-language articles on constitutional and administrative law in the Asian region, written by many of the leading scholars from this area. The region has its own distinct legal and political traditions, and its systems of government have facilitated dynamic economic growth, but the role of public law has not been well understood. Covering a wide range of jurisdictions in a single volume, this collection provides insights into the ways in which institutions of Western origin have been integrated into Asian political and legal cultures, producing new syntheses.

Author: Bob Beatty
Publisher: Bloomsbury Publishing USA
ISBN: 0313051607
Category : Political Science
Languages : en
Pages : 248

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On July 1, 1997, China took control over Hong Kong, where Britain had begun a process of introducing democracy. Beatty examines the process of democratization in Hong Kong, with the argument that democratic development will continue, despite being under Chinese rule. Through a series of 128 interviews with 89 Hong Kong elites from 1997-2002, including legislators and party leaders as well as participant and direct observation of 15 campaigns for the Legislative Council in 1998, Beatty analyzed political leaders beliefs and commitment towards democratic development and institutions and put them into the context of the post-handover environment. Evidence from the interviews is used to test the proposition that adherence to Asian values undermines democracy and Beatty probed Hong Kong elites about their beliefs regarding the rule of law, freedom of the press, civil liberties, and the possible trade-offs between economic development and democratization. A major finding from the in-depth interviews is that while Hong Kong political elites reject the Sinapore model and the Asian Values argument, many do believe in trade-offs between economic development and democratization. Beatty also offers sharp insight into the thinking of Hong Kong political elites and transcends the particular politics of Hong Kong and delves in the broader subject of elite beliefs and attitudes. An important analysis for scholars, students, and other researchers involved with China, Hong Kong, Asian politics and political values, and political development in general.