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Author: Michael C. Davis Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
Hong Kong's constitution, the Hong Kong Basic Law ("Basic Law"), has sparked a number of debates over democratization and its pace. It is generally understood that greater democratization will mean greater autonomy and vice versa, less democracy means more control by Beijing. Will the democracy promised under the "one country, two systems" formula in Hong Kong be achieved? Does Beijing's constant interference to head off democratization also pose a grave risk to the rule of law and related stability in Hong Kong? The April 26, 2004 response of the Standing Committee to the Chief Executive's report sealed the doom for democratic reform, essentially barring any meaningful reform for the 2007-2008 elections by requiring continued use of the Election Committee for selecting the Chief Executive - though its membership could be increased - and specifying that the current ratio of directly elected to functional legislators be maintained. The interpretation, by effectively amending the Basic Law, posed a severe threat to Hong Kong's autonomy and rule of law, and largely took the democratic reform debate out of Hong Kong hands. While the democratic camp has insisted that the nominating committee for popular election of the Chief Executive not be used as a device to screen out democratic candidates, their stance faces severe resistance from Beijing supporters.
Author: Michael C. Davis Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
Hong Kong's constitution, the Hong Kong Basic Law ("Basic Law"), has sparked a number of debates over democratization and its pace. It is generally understood that greater democratization will mean greater autonomy and vice versa, less democracy means more control by Beijing. Will the democracy promised under the "one country, two systems" formula in Hong Kong be achieved? Does Beijing's constant interference to head off democratization also pose a grave risk to the rule of law and related stability in Hong Kong? The April 26, 2004 response of the Standing Committee to the Chief Executive's report sealed the doom for democratic reform, essentially barring any meaningful reform for the 2007-2008 elections by requiring continued use of the Election Committee for selecting the Chief Executive - though its membership could be increased - and specifying that the current ratio of directly elected to functional legislators be maintained. The interpretation, by effectively amending the Basic Law, posed a severe threat to Hong Kong's autonomy and rule of law, and largely took the democratic reform debate out of Hong Kong hands. While the democratic camp has insisted that the nominating committee for popular election of the Chief Executive not be used as a device to screen out democratic candidates, their stance faces severe resistance from Beijing supporters.
Author: H. Fu Publisher: Springer ISBN: 0230610366 Category : Political Science Languages : en Pages : 260
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.
Author: Ming K. Chan Publisher: Hong Kong University Press ISBN: 9789622092969 Category : Law Languages : en Pages : 332
Book Description
Analyses how China's socialist legal principles are incorporated into the Basic Law, and examines the conflicts in the drafting process between maintaining China's control and achieving genuine democracy and autonomy..
Author: Michael F. Martin Publisher: DIANE Publishing ISBN: 143792784X Category : Political Science Languages : en Pages : 14
Book Description
The democratization of Hong Kong is enshrined in the Basic Law, Hong Kong¿s quasi-constitution that was passed by China¿s Nat. People¿s Congress prior to China¿s resumption of sovereignty over the ex-British colony on July 1, 1997. On Nov. 18, 2009, Hong Kong released the government¿s long-awaited ¿consultation document¿ on possible reforms for the city¿s next Chief Exec. and Legislative Council elections to be held in 2012. Contents of this report: (1) Overview; (2) Historical Background: The Basic Law and Hong Kong Elections; The Proposed Reforms of 2005; The Decision of Dec. 2007; (3) The 2008 Legco Elections; (4) The 2012 Elections; (5) The Consultation Document; (6) The Initial Response; (7) Implications of the Consultation Document. Illus.
Author: Yash Ghai Publisher: Hong Kong University Press ISBN: 9622094635 Category : Law Languages : en Pages : 637
Book Description
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: Lo Shiu-hing Publisher: Springer ISBN: 1349254673 Category : Political Science Languages : en Pages : 366
Book Description
An analysis of the politics of transition in Hong Kong, focusing on the tug-of-war between China and Britain on democratization, and on the interactions between the increasingly politically active people of Hong Kong and the democratizing colonial regime. The successes and failures of British policy since 1984, and the missed opportunities to democratize faster prior to Governor Patten's appointment in 1992 are examined.
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
Author: Jie Zhu Publisher: Springer ISBN: 9811333440 Category : Law Languages : en Pages : 176
Book Description
This book focuses on the separatist trend in Hong Kong, which it approaches by drawing on historical studies, political analysis, social studies and legal analysis. It offers a comprehensive and interdisciplinary guide to the topic, addressing the historical evolution of “Hong Kong Nativism,” the theoretical connotations and fallacies of “Hong Kong Independence,” and the legal measures taken to forestall it. Written by mainland scholars who approach the subject matter from a legal perspective, the book offers revealing insights for all students and researchers who are interested in Hong Kong Basic Law and the current political situation in Hong Kong.
Author: Alvin Y. So Publisher: ISBN: Category : Political Science Languages : en Pages : 336
Book Description
While many scholars of democratization focus on outside forces and legal change, political sociologist Alvin So argues that - in the case of Hong Kong - the societal dimension reveals more clearly the issues and difficulties of establishing a viable democracy. He shows how Hong Kong moved from being a non-democracy in the 1970s, to a restricted democracy in the 1980s, to a contested democracy in the 1990s, and how Hong Kong now negotiates a democratic compromise under Chinese rule."--BOOK JACKET.
Author: Michael C. Davis
Author: Michael C. Davis
Author: H. Fu
Author: Ming K. Chan
Author: Peter Wesley-Smith
Author: Michael F. Martin
Author: Yash Ghai
Author: Lo Shiu-hing
Author: Danny Gittings
Author: Jie Zhu
Author: Alvin Y. So