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Journal articles on the topic 'Hong Kong.Constitutional law'

Author: Grafiati

Published: 26 July 2024

Last updated: 31 July 2025

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1

JHAVERI, Swati. "Reconstitutionalizing Politics in the Hong Kong Special Administrative Region of China." Asian Journal of Comparative Law 13, no. 1 (2017): 27–57. http://dx.doi.org/10.1017/asjcl.2017.21.

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AbstractThe question of whether constitutional law can protect, consolidate, and advance democracy has been considered extensively in multiple jurisdictions. The issue has not yet been considered in the context of one of the most problematic contemporary democratic transitions: Hong Kong’s, from an externally governed colonial outpost to a self-governed suffrage-based special administrative region of the People’s Republic of China. The Basic Law of Hong Kong proposes the eventual election of the Legislative Council and Chief Executive of Hong Kong by some form of universal suffrage. These prov

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2

Tu, Yunxin. "The Question of 2047: Constitutional Fate of “One Country, Two Systems” in Hong Kong." German Law Journal 21, no. 8 (2020): 1481–525. http://dx.doi.org/10.1017/glj.2020.93.

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AbstractThe history of Hong Kong is intertwined with British colonialism and China’s Hong Kong policies. This history offers unique and important lessons on the rise and fall of Hong Kong’s constitutional order. In accordance with the 1984 Sino-British Joint Declaration, China declares 12 basic policies regarding Hong Kong and has translated these into the 1990 Hong Kong Basic Law. It is generally held that “One Country, Two Systems” will be the main constitutional architecture of Hong Kong for 50 years, and it will remain basically unchanged even after 2047. However, there are obvious difficu

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Yap, Po Jen, and Francis Chung. "Statutory rights and de facto constitutional supremacy in Hong Kong?" International Journal of Constitutional Law 17, no. 3 (2019): 836–59. http://dx.doi.org/10.1093/icon/moz063.

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Abstract Fundamental rights in the Hong Kong Special Administrative Region (Hong Kong) are protected in its Basic Law and the Hong Kong Bill of Rights Ordinance (BORO). The Hong Kong Basic Law enshrines most of the BORO rights, thereby expressly conferring constitutional status on these rights. But there are a number of BORO rights that are not protected in the Basic Law. This article analyzes the cases in which the Hong Kong judiciary has addressed disputes concerning three exclusive BORO rights: (i) the right to participate in public affairs; (ii) the right to a fair hearing in civil cases;

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Lin, Feng, and Daniel Alati. "From “Occupy Central” to Democracy: Is a Referendum for Hong Kong Feasible and Desirable?" Asian Journal of Comparative Law 10, no. 2 (2015): 259–94. http://dx.doi.org/10.1017/asjcl.2015.22.

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AbstractThis article seeks to utilize the existing literature on referendums to discuss the current situation in Hong Kong in order to make some theoretical and practical contributions to the field of constitutional studies. Theoretically, it attempts to situate and analyse Hong Kong’s current situation within Professor Tierney’s influential framework on constitutional referendums in order to further develop the constitutional theory in this area. Practically, it analyses, through comparative study, whether (and if so, how) referendums might provide a mechanism through which Hong Kong’s consti

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5

Cooke, Robin. "Human Rights in Hong Kong." Victoria University of Wellington Law Review 29, no. 1 (1999): 45. http://dx.doi.org/10.26686/vuwlr.v29i1.6050.

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In this address to the UNDR commemorative seminar in April 1998 Lord Cooke speaks of human rights, his current judicial roles and the prospects for a common law of the world. Lord Cooke discusses the importance of human rights law in both substance and implementation. The author reports on the process of implementing constitutional law and human rights in New Zealand, Samoa, the Republic of Fiji, the United Kingdom, and Hong Kong.

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Zhang, Baohui. "Political Paralysis of the Basic Law Regime and the Politics of Institutional Reform in Hong Kong." Asian Survey 49, no. 2 (2009): 312–32. http://dx.doi.org/10.1525/as.2009.49.2.312.

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The present constitutional system of Hong Kong is supposedly executive-led. In reality, it is a system of "disabled governance." This article uses recent institutional theories to reveal the weaknesses of the Basic Law regime. It contends that if Hong Kong democratizes under the Basic Law institutional framework, it will not be able to promote good and effective governance.

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7

Ge, Yongping. "On the constitutional foundations of Hong Kong." Frontiers of Law in China 6, no. 1 (2011): 98–116. http://dx.doi.org/10.1007/s11463-011-0119-3.

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8

Bachner, Bryan, and Michael Davis. "Constitutions, Courts and Culture: The Real Confrontation in Hong Kong. A Review of Constitutional Confrontation in Hong Kong." American Journal of Comparative Law 39, no. 1 (1991): 181. http://dx.doi.org/10.2307/840676.

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9

CHEN, Albert H. Y. "The Law and Politics of the Struggle for Universal Suffrage in Hong Kong, 2013–15." Asian Journal of Law and Society 3, no. 1 (2016): 189–207. http://dx.doi.org/10.1017/als.2015.21.

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AbstractPost-1997 Hong Kong under the constitutional framework of “One Country Two Systems” has a political system that may be characterized as a “semi-democracy.” Hong Kong’s constitutional instrument—the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China—provides that the ultimate goal of the evolution of Hong Kong’s political system is the election of its Chief Executive by universal suffrage. Since 2003, a democracy movement has developed in Hong Kong that campaigned for the speedy introduction of such universal suffrage. In 2007, the Chinese governm

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10

Ramsden, Michael. "REVIEWING THE UNITED KINGDOM'S ICCPR IMMIGRATION RESERVATION IN HONG KONG COURTS." International and Comparative Law Quarterly 63, no. 3 (2014): 635–63. http://dx.doi.org/10.1017/s0020589314000190.

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AbstractIn 1976 the UK ratified the ICCPR with a reservation that prevented individuals without the right to ‘enter and remain’ in the UK from invoking Article 12(4) and ‘other provisions’ of the covenant. Upon Hong Kong's reunification with China, the ICCPR ‘as applied to Hong Kong’ in accordance with the UK's ratification was constitutionally guaranteed. It will be argued that the legislation implementing the ICCPR does not reflect the constitutional guarantee ‘as applied to Hong Kong’ because it amounts to a blanket exclusion of all ICCPR rights in immigration matters, impermissibly going b

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Kwan, Martin. "Is the Hong Kong Courts’ Ability to Refer to Foreign Authorities Unrestrained?" Amicus Curiae 4, no. 1 (2022): 71–91. http://dx.doi.org/10.14296/ac.v4i1.5488.

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Once in a while there is a debate on whether Hong Kong courts should be freely able to refer to foreign authorities, indicating the lack of firm consensus. In light of the need for clarifications, this note affirms the court’s ability to refer to foreign authorities for three main reasons. Constitutionally, this note is the first to raise that Hong Kong courts have a unique ‘constitutional assurance’ of their ability to refer to foreign cases. By comparison, other jurisdictions, like England & Wales and Singapore which do not share the same assurance, have even further restrained their pow

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12

Ghai, Yash. "The Past and the Future of Hong Kong's Constitution." China Quarterly 128 (December 1991): 794–813. http://dx.doi.org/10.1017/s0305741000004355.

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The purpose of this article is to examine the role of constitutions in Hong Kong, the principal concern being the implications of the Basic Law which comes into effect in July 1997 as the constitution of the Hong Kong Special Administrative Region (HKSAR). In order to show the purpose and method of the Basic Law, I also examine the role of colonial constitutions in the territory.

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13

Husa, Jaakko. "Constitutional Biography of Hong Kong and Ambiguities of One Country, Two Systems Policy." Chinese Journal of Comparative Law 9, no. 2 (2021): 268–87. http://dx.doi.org/10.1093/cjcl/cxab014.

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Abstract This essay reviews Albert Chen’s ‘The Changing Legal Orders in Hong Kong and Mainland China: Essays on One Country, Two Systems' (2021). The aim is to address the most significant points raised by the author of the book and provide a readable and critical synthesis of Chen’s key arguments. The focus is on the background of the tension points between China and Hong Kong that are generated by the One Country, Two Systems policy. The article ends with discussion on the book’s contribution and the possible future of Hong Kong’s common law heritage as a part of China.

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14

Ip, Eric C. "Constitutional Conflict in Hong Kong Under Chinese Sovereignty." Hague Journal on the Rule of Law 8, no. 1 (2016): 75–99. http://dx.doi.org/10.1007/s40803-016-0025-y.

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IP, Eric C. "Prototype Constitutional Supervision in China: The Lessons of the Hong Kong Basic Law Committee." Asian Journal of Comparative Law 10, no. 2 (2015): 323–42. http://dx.doi.org/10.1017/asjcl.2016.2.

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AbstractRecurrent proposals to establish a constitutional supervisory committee have been pertinaciously rejected in spite of widespread recognition of the Chinese Constitution’s ineffectiveness. And yet, the Hong Kong Basic Law Committee has long epitomized in practice a prototypic form of constitutional supervision. Vested with quasi-judicial competences, the Committee seemed destined for a central role under the “One Country, Two Systems” arrangement. The tight secrecy imposed on its proceedings and the suppression of its potential to act consistently and with a distinct identity have fatal

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Ip, Eric C. "Constitutional Competition Between the Hong Kong Court of Final Appeal and the Chinese National People's Congress Standing Committee: A Game Theory Perspective." Law & Social Inquiry 39, no. 04 (2014): 824–48. http://dx.doi.org/10.1111/lsi.12036.

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The competition between the Hong Kong Court of Final Appeal, a cosmopolitan common law supreme court, and the Chinese National People's Congress Standing Committee, a Leninist parliamentary body, over the “proper meaning” of the Hong Kong Basic Law constituted a very important facet of the territory's constitutional history since the end of British rule in 1997. This article applies the insights of game theory to explain why constitutional stability, in the sense that the two players have never entered into an open collision with each other despite the ambiguity of the Basic Law and the “One C

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17

Chan, Johannes M. M. "A Shrinking Space: A Dynamic Relationship between the Judiciary in a Liberal Society of Hong Kong and a Socialist-Leninist Sovereign State." Current Legal Problems 72, no. 1 (2019): 85–122. http://dx.doi.org/10.1093/clp/cuz004.

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Abstract Hong Kong provides a unique case study on the roles and functions of the judiciary within an authoritarian or semi-authoritarian sovereign. Under the unique constitutional arrangement in Hong Kong, a liberal common law judiciary in a highly sophisticated modern metropolis is encapsulated within a Socialist-Leninist sovereign regime that ideologically rejects separation of powers, independence of the judiciary and values of individual liberalism. Notwithstanding the sharp ideological differences and the greatly asymmetrical distribution of social, economic and political powers in this

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18

Greenwood-Reeves, James. "The Democracy Dichotomy: Framing the Hong Kong 2019 Street Protests as Legitimacy Counterclaims against an Incoherent Constitutional Morality." Asia-Pacific Journal on Human Rights and the Law 21, no. 1 (2020): 35–62. http://dx.doi.org/10.1163/15718158-02101003.

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This article evaluates the 2019 street protests in Hong Kong following the proposal of the Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legislation (Amendment) Bill 2019, in light of the constitutional settlement of the region. Firstly, it examines the ‘constitutional morality’ of Hong Kong, that is, the moral principles underlying its foundational claims to moral authority. Secondly it analyses whether the Administration’s ‘legitimacy claims’ – its rational-normative arguments for obedience to law – follow from these constitutional moral principles. Concluding that the l

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19

Chuang, Richard. "Hong Kong: Michael C. Davis, Constitutional Confrontation in Hong Kong: Issues and Implications of the Basic Law." Asian Affairs: An American Review 17, no. 3 (1990): 156–57. http://dx.doi.org/10.1080/00927678.1990.10553575.

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20

Song, Lei. "Implementation of the principle of “one country, two systems” in Hong Kong: the position of the modern constitutional and legal doctrine of China." Sravnitel noe konstitucionnoe obozrenie 33, no. 4 (2024): 128–44. https://doi.org/10.21128/1812-7126-2024-4-128-144.

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The article examines the formation and implementation of the principle of “one country, two systems” in Hong Kong. This political principle, formulated in China at the beginning of the “reform and opening-up” course in 1978, is an important part of the process of peacefully restoring the territorial integrity of the country. Initially, it was intended to apply to Taiwan, but its implementation in practice began with Hong Kong (and Macau). The presentation of the principle of “one country, two systems” covers not only the process of political reorganization of Hong Kong, but also concerns issue

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21

Coxon, Benedict. "Beyond the Basic Law: Interpretive principles protective of fundamental rights in Hong Kong." Common Law World Review 51, no. 4 (2022): 248–67. http://dx.doi.org/10.1177/14737795221116395.

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In considering the protection of fundamental rights in Hong Kong, the Basic Law and the Bill of Rights Ordinance (Cap 383) (BORO) tend to be the dual focus. However, common law principles protective of fundamental rights continue to apply. These include principles of statutory interpretation such as the principle of legality (the presumption that general or ambiguous words in legislation are insufficient to interfere with certain common law rights) and the presumption that legislation is to be interpreted consistently with international treaties. This article considers the role of these common

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22

Papashvili, Georgy Z. "Hong Kong and the PRC Legal Systems Interaction Within the Framework of Reunification of the Chinese Territories." Vestnik Tomskogo gosudarstvennogo universiteta. Istoriya, no. 90 (2024): 104–10. https://doi.org/10.17223/19988613/90/11.

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The article aims to identify the features of Hong Kong and the PRC legal systems interaction in the context of Beijing’s recover of sovereignty over the former British colony, which is an essential element of the research of Hong Kong’s political system evolution and its specificity at the present time. The sources which this research is based on are The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, the Constitution of the People's Republic of China, Letters Patent (The Hong Kong Charter) of 5 April 1843, Ordinances of Hong Kong’s Supreme Court No.

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23

Cheung, Jason Ho Ching. "At the Edge of the Empire: Mapping the Law of Hong Kong’s Paradiplomacy." Hague Journal of Diplomacy 15, no. 3 (2020): 211–51. http://dx.doi.org/10.1163/1871191x-bja10035.

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Summary Hong Kong lacks sovereignty but possesses unique quasi-state external relations powers. This special feature enables it not only to inherit former paradiplomatic ties from its British predecessor, but also to develop a plethora of external relations. During the course of the present political turmoil and friction with Beijing, it has struggled to develop external relations with foreign states, subnational entities and international organisations. While paradiplomacy concerning quasi-states is no longer a neglected subject, and Hong Kong’s role as a prominent autonomous financial hub no

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24

Fauzi, Ahmad, M. Noor Fajar, and Deni Achmad. "LEGIS INDEPENDENCE RATIO OF JUDICIAL POWER IN THE CRIME OF CORRUPTION IN COMPARATIVE INDONESIA WITH HONG KONG." PRANATA HUKUM 18, no. 2 (2023): 212–27. https://doi.org/10.36448/pranatahukum.v18i2.319.

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In a country the distribution of power based on trias politica will place state power in the executive, legislative and judicial branches. With regard to judicial power, the court institution in carrying out its functions is provided by the principle of independence of judicial power, this principle is the main principle for the court in protecting human rights, the rule of law and also justice. The principle of the independence of judicial power in its application, the judge in carrying out his duties must carry out the judicial function in accordance with the oath and the law without any int

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Hung Pun, Arnold Liang. "The Admissibility Of Evidence Obtained In Breach Of Constitutional Rights In Hong Kong." Asia-Pacific Journal On Human Rights and The Law 14, no. 1-2 (2013): 67–91. http://dx.doi.org/10.1163/15718158-14010296.

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This article examines the admissibility test in Hong Kong for evidence obtained in breach of a defendant’s constitutional rights. The objective is to better understand the legal principles which form the foundation of the three-element admissibility test formulated by Bokhary PJ in the Court of Final Appeal’s decision in HKSAR v Muhammad Riaz Khan. To achieve this objective, this article examines judicial and legislative developments of the admissibility test in Hong Kong and in other common law jurisdictions. The principle finding of this article is that the three-element ‘Riaz Khan test’ rep

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26

Bell, Ashley. "Big Trouble in Little China Could a Constitutional Dilemma Concerning State Immunity Threaten Hong Kongs Position as a Pre-eminent Arbitration Seat?" Journal of International Arbitration 28, Issue 6 (2011): 643–52. http://dx.doi.org/10.54648/joia2011048.

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It has long been recognized that sovereign states could resist the enforcement of arbitration awards against their property in foreign jurisdictions by asserting immunity from suit. In many instances, this 'obstacle' to enforcement was tempered by the fact that a state could only claim immunity in respect of its governmental, as opposed to commercial, activities. In Hong Kong, this is no longer the case following the decision in Democratic Republic of the Congo and others v. FG Hemisphere Associates L.L.C., rendering it much more difficult to enforce awards against the assets of foreign states

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Langer, L. "The elusive aim of universal suffrage: Constitutional developments in Hong Kong." International Journal of Constitutional Law 5, no. 3 (2007): 419–52. http://dx.doi.org/10.1093/icon/mom018.

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Ollick, Stephan F. H. "Taking Embodiment Seriously: Constitutional Law, the Economy and the Forms of Underdeterminacy." Max Planck Yearbook of United Nations Law Online 23, no. 1 (2020): 290–313. http://dx.doi.org/10.1163/18757413_023001010.

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Economic policy does not require a constitutional grounding. However, many constitutions expressly dedicate articles and chapters to the national economy while others produce comparable effects by indirectly privileging particular economic arrangements. The constitutions of the US, the People’s Republic of China and the Philippines and the Basic Law of Hong Kong can plausibly be invoked to justify State approaches to economic ordering. However, each of them essentially underdetermines the economic fundamentals of the polity, not merely by deferring their concretization to governments and judic

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Cheung, Anne S. Y. "One Step Forward Two Steps Back: A Study of Press Law in Post-Colonial Hong Kong." Journalism & Communication Monographs 3, no. 4 (2001): 190–226. http://dx.doi.org/10.1177/152263790200300402.

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This monograph is a study of press law in Hong Kong after sovereignty retrocession to the People's Republic of China. It asks why has the unprecedented constitutional commitment for press freedom after the handover failed to translate into practical guarantees in the legal arena? Reasons that may be accounted for are two. First, Hong Kong law is marked by inconsistent legislations. Second, this inconsistency leads to a heavy reliance on executive restraint and judicial enforcement to protect the press. Most disturbing is the constant denial and disregard of the role and value of the press by t

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Yin, Yanhong, and Irene Wieczorek. "What model for extradition between Hong Kong and mainland China? A comparison between the 2019 (withdrawn) amendment to Hong Kong extradition law and the European Arrest Warrant." New Journal of European Criminal Law 11, no. 4 (2020): 504–23. http://dx.doi.org/10.1177/2032284420972190.

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This article provides an analysis of the bill proposed in 2019 to amend Hong Kong Fugitive Offenders Ordinance (FOO), Hong Kong domestic legislation on extradition. The FOO Amendment Bill introduced the possibility of, and detailed the conditions for, surrendering fugitives from Hong Kong to other regions of the People’s Republic of China (PRC), among which, controversially, mainland China. After multiple protests, the proposal was withdrawn. It nonetheless represents the first attempt of introducing a legal basis for extradition between Hong Kong and mainland China, and it is thus deserving o

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Vincent, Lam Hing-Po, and Lam Hing-Po Vincent. "An Empirical Study of Potential Breach of Psychological Contract of Hong Kong Journalist Towards the Swift of Editorial Direction Between June and July 2019 After the Announcement of Fugitive Ordinance in Hong Kong." Journal of Social and Political Sciences 2, no. 3 (2019): 636–43. https://doi.org/10.31014/aior.1991.02.03.106.

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This paper is to apply psychological contract theory to interview the perspective of editors in Hong Kong in local privately-owned company regarding whether there is a breach of bonding with their media company from change of editorial direction set by the upper management and shareholders towards the news choice and reporting perspective different from what they expect the company to do. Hong Kong has experienced social instability between June and July 2019 since the announcement of Fugitive Ordinance from the Hong Kong government, and newspaper are forced to take a side during the political

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Ferdinand, Peter. "Constitutional confrontation in Hong Kong: issues and implications of the Basic Law." International Affairs 67, no. 2 (1991): 391. http://dx.doi.org/10.2307/2620946.

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Lecours, André, and Jean-François Dupré. "The emergence and transformation of self-determination claims in Hong Kong and Catalonia: A historical institutionalist perspective." Ethnicities 20, no. 1 (2018): 3–23. http://dx.doi.org/10.1177/1468796818785937.

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Using a historical institutionalist framework emphasizing the importance of transformative events, this paper seeks to explain the sudden emergence of self-determination claims in Hong Kong and their transformation into separatist ones in Catalonia. The paper argues that the inflexibility of the state in addressing moderate demands for regional autonomy has played a major role in the emergence and radicalization of these demands. In Hong Kong, the 1997 Handover from British to Chinese sovereignty was originally presented as an opportunity for self-governance under the principle of “Hong Kong P

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Sewpersadh, Prenisha, and John Cantius Mubangizi. "Using the Law to Combat Public Procurement Corruption in South Africa: Lessons from Hong Kong." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 20 (May 30, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a1359.

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Since South Africa’s political transition in 1994, corruption has been a major feature of the country’s politics. However, the complexity of post-apartheid South African politics has sometimes prevented allegations and suspicions of corruption from being adequately dealt with by the law. This article examines the legal framework used to combat public procurement corruption in South Africa. Using a comparative approach, the article also examines the legal framework of Hong Kong – with a view to identifying lessons that South Africa can learn therefrom. Such lessons include but are not limited t

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Wu, Junxuan. "THE LEGAL FRAMEWORK FOR CROSS-BORDER DATA TRANSFER BETWEEN MAINLAND CHINA AND HKSAR." International Journal of Law, Ethics, and Technology 2024, no. 2 (2024): 277–301. http://dx.doi.org/10.55574/ujow8817.

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Cross-border data transfer is a hard issue in today’s world of “digital nationalism”. In this post-Snowden world, data-localization has become the norm. China has adopted data localization rules in various laws, from Internet Security Law to Data Security Law. China’s constitutional structure of “one country, two systems” presents a unique question to data localization: should cross-border data transfer between the Mainland and SARs (Special Administrative Regions) be constrained by data-localization rules? Since both basic laws for Hong Kong and Macau define these two SARs as "free trade" zon

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Hsu, B. F. C. "Constitutional Protection of a Sustainable Environment in the Hong Kong Special Administrative Region." Journal of Environmental Law 16, no. 2 (2004): 193–214. http://dx.doi.org/10.1093/jel/16.2.193.

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Hing, Lo Shiu. "The Politics of the Debate over the Court of Final Appeal in Hong Kong." China Quarterly 161 (March 2000): 221–39. http://dx.doi.org/10.1017/s0305741000004008.

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Before the transfer of Hong Kong's sovereignty from Britain to the People's Republic of China (PRC) on 1 July 1997, the politics of interpreting the Basic Law had already become apparent. This article aims to use the debate over the Court of Final Appeal (COFA), which was set up in July 1997 to replace the Privy Council in Britain as the court of final adjudication in the Hong Kong Special Administrative Region (HKSAR), to analyse how the Basic Law had already been interpreted by PRC officials, their British counterparts and the Hong Kong people. The interpretation of the Basic Law involves ma

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Chen, Liyi. "Legal Cooperation and Conflict Resolution Mechanism in Guangdong-Hong Kong-Macao Greater Bay Area." Lecture Notes in Education Psychology and Public Media 65, no. 1 (2024): 60–67. http://dx.doi.org/10.54254/2753-7048/65/2024mu0029.

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The Guangdong-Hong Kong-Macao Greater Bay Area (GBA) is an important strategic region for China's economic development. The coordination and integration of its legal system plays a key role in realizing the economic, social and cultural integration in the region. However, as Hong Kong, Macao and Guangdong belong to different legal systems and social systems respectively, the differences between the legal systems lead to frequent conflicts of laws and hinder the coordinated development in the region. Based on the constitutional and legal foundations, historical and cultural backgrounds of Guang

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Perera, Binendri. "The School Strike for Climate as people’s engagement in the transnational legal process and global constitutionalism." Global Constitutionalism 11, no. 1 (2021): 9–26. http://dx.doi.org/10.1017/s2045381721000204.

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AbstractWhat is the significance of the School Strike for Climate from an international constitutional perspective? In this article, I compare the School Strike for Climate with the Hong Kong protests of 2019–20. Both these movements became necessary because of gaps in their countries’ respective domestic and international legal frameworks – what I term constitutionalism gaps. The immediate cause of each protest was how state and non-state actors exploited these constitutionalism gaps in the existing legal framework. Protests in Hong Kong were triggered by the attempt to enact an Extradition L

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Chan, Cora. "Reconceptualising the Relationship between the Mainland Chinese Legal System and the Hong Kong Legal System." Asian Journal of Comparative Law 6 (2011): 1–30. http://dx.doi.org/10.1017/s2194607800000454.

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AbstractIt has been more than a decade since China began her experiment of “One Country, Two Systems” in Hong Kong (HK). It is now generally assumed that the relationship between the legal systems of these two jurisdictions is monistic. Analysing post-Handover constitutional case law in HK, including a recent landmark decision on sovereign immunity, FG Hemisphere Associates LLC v. Democratic Republic of Congo, this article challenges this assumption and argues that the relationship between the two legal systems is best conceptualized as a form of legal pluralism found in the European Union.

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Ruvinskiy, Roman. "The Hong Kong problem: popular sovereignty, centralization, and the challenges of the crisis age." Sravnitel noe konstitucionnoe obozrenie 33, no. 4 (2024): 107–27. https://doi.org/10.21128/1812-7126-2024-4-107-127.

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In recent years, Hong Kong, a former British colony and now a region with special status within the People’s Republic of China, has become the object of increased attention from Beijing and the scene of large-scale civil protests. The central government of the PRC has attempted to secure greater control over the region through legislative interventions and neutralize growing political opposition; at the same time, residents of Hong Kong, resisting imposed control and demanding greater democratic participation in regional affairs, are becoming increasingly aware of their own political identity,

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Edwards, Susan. "RAISING FREEDOM’S BANNER HOW PEACEFUL DEMONSTRATIONS HAVE CHANGED THE WORLD." Denning Law Journal 27 (November 16, 2015): 333–36. http://dx.doi.org/10.5750/dlj.v27i0.1116.

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Raising Freedom’s Banner is essential reading for students studying Constitutional and Administrative law, for those with an interest in human rights and also for those engaged in peaceful protests the world over. Paul Harris is a practising barrister in England and Wales and a Senior Counsel in Hong Kong. He founded the Bar Human Rights Committee of England and Wales. He has acted in several cases involving the right to peaceful protest, a right preserved by much struggle which he meticulously charts throughout the pages of his truly rich and wonderful historical and legal account. Paul Harri

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LUNG, Wan Pun. "International Law before the Courts of the Hong Kong Special Administrative Region of the People’s Republic of China—Twenty Years On." Asian Journal of International Law 9, no. 1 (2018): 10–19. http://dx.doi.org/10.1017/s2044251318000024.

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AbstractWhile there have been various studies on international law in domestic courts, the case of the Hong Kong Special Administrative Region of the People’s Republic of China [HKSAR], which celebrated its twentieth anniversary in 2017, presents unique questions. Under the principle of “One Country, Two Systems”, while the HKSAR maintains a distinct common-law system and a separate judicial regime, foreign affairs remain the responsibilities of the Central People’s Government of China. The handling of international law issues in cases before HKSAR courts would require consideration of the con

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Fibrich, Marek. "Hong Kong – A Second System in One Single Country." Czech Journal of International Relations 34, no. 3 (1999): 50–63. http://dx.doi.org/10.32422/cjir.1200.

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Before handing over Hong Kong to Chinese administration, Beijing promised that “in Hong Kong the Hong Kongers will govern”. The essay evaluates to what extent Chinese promises have been kept. It deals with two aspects of the new arrangement: 1) the sharing of power over a “special admbzistrative region” between Hong Kong and Beijing, 2) the political system within Hong Kong itself.Under the Joint Declaration, Hong Kong retained many of its own attributes which distinguish it from the rest of the Chinese People’s Republic. The economic sphere is in many ways autonomous since China is anxious th

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Ghai, Yash. "The Basic Law of the Special Administrative Region of Macau: Some Reflections." International and Comparative Law Quarterly 49, no. 1 (2000): 183–98. http://dx.doi.org/10.1017/s0020589300064022.

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With China's resumption of sovereignty over Macau on 20th December 1999, another step was taken towards the reunification of Greater China. The reunification of Macau as of Hong Kong is based on the principle of “one country, two systems’, under which the socialist systems of the People's Republic of China are not applied in these territories. Instead most constituents of their previous economic, legal and social systems are preserved. In either case China negotiated what are called Joint Declarations for the resumption of sovereignty with the colonial power, under which the terms of “one coun

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Tang, Shu-hung. "Fiscal constitution, income distribution and the Basic Law of Hong Kong." Economy and Society 20, no. 3 (1991): 283–305. http://dx.doi.org/10.1080/03085149100000014.

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Poon Wai-Yee, Emily. "The Right of Abode Issue: Its Implication on Translation." Meta 47, no. 2 (2004): 211–24. http://dx.doi.org/10.7202/008010ar.

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Abstract This paper explores the limitations on legal translation strategy by looking at the right of abode issue in Hong Kong—the very first case in which the role of interpretation was argued since the return of sovereignty to China in 1997. The different approaches to interpreting the mini-constitution, the Basic Law, by the Court of Final Appeal, the Hong Kong Government and the Central Authorities as well as public opinion on the issue will leave translators with no choice but to translate a text that carries terms with open interpretation as literally as possible so as not to affect the

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Augustine-Adams, Kif. "Marriage and Mestizaje, Chinese and Mexican: Constitutional Interpretation and Resistance in Sonora, 1921–1935." Law and History Review 29, no. 2 (2011): 419–63. http://dx.doi.org/10.1017/s0738248011000034.

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On a hopeful September day in 1912, Gim Pon, a twenty-five year old Chinese man from Canton, boarded the steamship Siberia in Hong Kong harbor to sail west across the Pacific. The Siberia docked briefly in San Francisco, but Gim Pon's destination, and that of seven fellow Chinese travelers, was not California but the northern Mexican state of Sonora. In the early twentieth century, thousands of men like Gim Pon immigrated to Mexico, boosting the Chinese population there from slightly over 1,000 in 1895 to more than 24,000 in the mid-1920s. Sonora, which hugs Arizona at the United States/Mexico

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Pierson-Smith, Anne. "English for promotional purposes." English Today 13, no. 3 (1997): 6–8. http://dx.doi.org/10.1017/s0266078400009731.

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CRYSTAL ball-gazing has become a favourite occupation in Hong Kong as the territory moves closer to the changeover of sovereignty on July 1, 1997. In a city where speculation fuels the money markets, second guessing about corporate futures is commonplace throughout the business community. The “what will happen in 1997?” question inevitably focuses on the post-colonial future of English in Hong Kong. English, the official language of government and commerce, is set to be replaced by Chinese as the primary language of administration according to the Basic Law, the territory's future constitution

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Wong, Mathew Y. H., Ying-ho Kwong, and Venisa Yeuk Wah Chau. "Democracy, constitutional framework, and human rights: A comparison of Monaco, Tonga, Hong Kong, and Singapore." International Journal of Law, Crime and Justice 64 (March 2021): 100438. http://dx.doi.org/10.1016/j.ijlcj.2020.100438.

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