Artículos de revistas: "Hong Kong.Constitutional law"

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JHAVERI, Swati. "Reconstitutionalizing Politics in the Hong Kong Special Administrative Region of China". Asian Journal of Comparative Law 13, n.º 1 (14 de diciembre de 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 provisions are at the core of the ‘democratic constitution’ of Hong Kong. Achieving this goal requires consensus between the executive in Hong Kong, members of the Legislative Council in Hong Kong, and the legislative body of the People’s Republic of China. Although not a formal constitutional requirement, any democratization efforts will also require popular buy-in from Hong Kong residents in order to function effectively. However, it is increasingly clear that the views of all concerned do not converge on how and when these constitutional aspirations should be realized. In addition, all parties have started moving outside of this constitutional framework when deliberating issues of political reform. This article looks at the problems in the constitutional design of the Hong Kong Special Administrative Region that have resulted in this political deadlock. The article will then look at one solution to mitigate the effect of these design issues and to move forward again on the issue of reform: ‘litigating’ the democratic constitution in the courts. The article discusses the advantages of the courts in the process: primarily the capacity of the courts toreconstitutionalizepolitical debate on electoral issues. This article evaluates the largely unsuccessful use of the courts thus far by Hong Kong residents to correct and advance political reform. It considers possible reasons for the high failure rate in courts and proposes alternative litigation strategies that can better utilize the position of the courts to re-orient all parties to the Basic Law.

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Tu, Yunxin. "The Question of 2047: Constitutional Fate of “One Country, Two Systems” in Hong Kong". German Law Journal 21, n.º 8 (diciembre de 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 difficulties and enormous differences on the interpretation of Article 5 of the Hong Kong Basic Law concerning the true meaning of “unchanged for 50 years.” Recent years have witnessed the great need for deciphering the time-code of the Basic Law because the question of 2047 draws closer and closer to the central stage for the determination of Hong Kong’s constitutional future. This Article aims to provide legal analysis on Article 5 of Hong Kong Basic Law and the constitutional fate of Hong Kong toward 2047. It distinguishes all sorts of Article 5 interpretations into three broad categories: “Unchanged for 50 years” as international promise, “unchanged for 50 years” as political commitment, and “unchanged for 50 years” as constitutional obligation. Different approaches have been utilized for various constitutional interpretations. But all in all, the constitutional puzzles regarding “unchanged for 50 years” must be addressed within the framework of the temporality of the Basic Law in a fast-paced world. In order to maintain the constitutional stability and endurance, to secure the unamendability of “One Country, Two Systems” in 2047 will be the best blessing for Hong Kong in every possible way.

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Yap, Po Jen y Francis Chung. "Statutory rights and de facto constitutional supremacy in Hong Kong?" International Journal of Constitutional Law 17, n.º 3 (julio de 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; and (iii) the prohibition against cruel, inhuman, or degrading treatment or punishment. We will also explain how the courts have conferred de facto constitutional supremacy on all these statutory rights, while simultaneously providing significant leeway and decisional space for the government to craft a considered response in their remedial legislation, thereby promoting a constitutional dialogue between the judiciary and the government on rights-protection in Hong Kong.

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Lin, Feng y Daniel Alati. "From “Occupy Central” to Democracy: Is a Referendum for Hong Kong Feasible and Desirable?" Asian Journal of Comparative Law 10, n.º 2 (diciembre de 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 constitutional debate could productively move forward. It concludes by reiterating aspects of the Hong Kong experience that have aligned with, and further contributed to the constitutional theory on referendums and representative democracy. Moreover, it recommends that the Hong Kong Government begin consultations towards the tabling of legislation for a non-binding advisory referendum to be developed in accordance with the lessons learned from the jurisdictions discussed throughout the article.

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Cooke, Robin. "Human Rights in Hong Kong". Victoria University of Wellington Law Review 29, n.º 1 (1 de enero de 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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Ge, Yongping. "On the constitutional foundations of Hong Kong". Frontiers of Law in China 6, n.º 1 (10 de febrero de 2011): 98–116. http://dx.doi.org/10.1007/s11463-011-0119-3.

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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, n.º 2 (1 de marzo de 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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Bachner, Bryan y 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, n.º 1 (1991): 181. http://dx.doi.org/10.2307/840676.

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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, n.º 1 (22 de enero de 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 government announced that universal suffrage for the election of the Chief Executive of Hong Kong may be introduced in 2017. In 2014, the Chinese government announced further details of the electoral model. The model was rejected by Hong Kong’s Legislative Council in 2015, with the result that the election of the Chief Executive in 2017 would not materialize. This article seeks to tell this story of Hong Kong’s quest for democratization, focusing particularly on the context and background of the “Occupy Central” Movement that emerged in 2013 and its aftermath. It suggests that the struggle for universal suffrage in the election of Hong Kong’s Chief Executive in 2017 and the obstacles it faced reveal the underlying tensions behind, and the contradictions inherent in, the concept and practice of “One Country, Two Systems,” particularly the conflict between the Communist Party-led socialist political system in mainland China and the aspirations towards Western-style liberal democracy on the part of “pan-democrats” and their supporters in Hong Kong.

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Ramsden, Michael. "REVIEWING THE UNITED KINGDOM'S ICCPR IMMIGRATION RESERVATION IN HONG KONG COURTS". International and Comparative Law Quarterly 63, n.º 3 (17 de junio de 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 beyond the UK's reservation.

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Kwan, Martin. "Is the Hong Kong Courts’ Ability to Refer to Foreign Authorities Unrestrained?" Amicus Curiae 4, n.º 1 (2 de noviembre de 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 power with Practice Directions. Professionally, the courts will not blindly rely on foreign authorities given the jurisdictional differences. Practically, Hong Kong has a relatively smaller case pool, so the practical insights from the foreign authorities are very useful. Given these three justifications, there should not be any doubt over the courts’ power and practice for such. Keywords: common law; Singapore; English law; comparative law; case law; precedent; India; judiciary; legal method.

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Ip, Eric C. "Constitutional Conflict in Hong Kong Under Chinese Sovereignty". Hague Journal on the Rule of Law 8, n.º 1 (abril de 2016): 75–99. http://dx.doi.org/10.1007/s40803-016-0025-y.

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Husa, Jaakko. "Constitutional Biography of Hong Kong and Ambiguities of One Country, Two Systems Policy". Chinese Journal of Comparative Law 9, n.º 2 (1 de septiembre de 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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Ghai, Yash. "The Past and the Future of Hong Kong's Constitution". China Quarterly 128 (diciembre de 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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IP, Eric C. "Prototype Constitutional Supervision in China: The Lessons of the Hong Kong Basic Law Committee". Asian Journal of Comparative Law 10, n.º 2 (diciembre de 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 fatally undermined the Committee’s ability to modulate constitutional tensions by way of coordinating expectations of the Basic Law’s proper meaning. The experience of the Basic Law Committee reveals the recalcitrance of the Party-state toward constitutional interpretation by any specialized body, even one whose powers are heavily circumscribed and whose membership is tightly controlled.

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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, n.º 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 Country, Two Systems” formula, endured until the present day. It is argued that successful coordination between the two resulted from the strong aversion of the Court and the Standing Committee to constitutional crises, as well as from the fact that neither entity was capable of credibly signaling its commitment to an aggressive strategy all the time.

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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, n.º 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 One Country, Two Systems constitutional model, it is argued that the relationship between the courts and the authoritarian sovereign power is and has been complex and dynamic. The Hong Kong courts have been able to create their institutional space by establishing an impressive liberal constitutional common law, but that constitutional space is shrinking as the over-zealous sovereign is increasingly assertive of its views on matters that it perceives to be affecting state interests. By examining a series of controversial decisions, this paper argues that there are reasons that the courts could, with creativity and sensitivity, maintain a delicate and balanced relationship with the sovereign without succumbing to the political pressure, but that the greatest threat of independence of the judiciary comes from within the judiciary in internalizing the values of the socialist state.

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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, n.º 1 (29 de mayo de 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 legitimacy claims of the Administration pursuant to the Bill proved morally unintelligible, this research finds that protest action by citizens was a logical and rational response to a perceived legitimacy claim failure. It suggests that similar protests are likely to occur for the foreseeable future given the instability of the region’s constitutional morality.

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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, n.º 3 (septiembre de 1990): 156–57. http://dx.doi.org/10.1080/00927678.1990.10553575.

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Coxon, Benedict. "Beyond the Basic Law: Interpretive principles protective of fundamental rights in Hong Kong". Common Law World Review 51, n.º 4 (12 de octubre de 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 law interpretive principles in Hong Kong, and, in particular, the scope for their application in light of the Basic Law and the BORO. It concludes that the protection of fundamental rights in Hong Kong will continue to focus on the Basic Law and the BORO for so long as the current constitutional arrangements persist. However, the courts ought to take care to pay due regard to the relevant common law interpretive principles, including the stringency of the test of necessary implication where a statutory interference with rights is not express, and the potential for the International Covenant on Economic, Social and Cultural Rights to be relevant to statutory interpretation.

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Cheung, Jason Ho Ching. "At the Edge of the Empire: Mapping the Law of Hong Kong’s Paradiplomacy". Hague Journal of Diplomacy 15, n.º 3 (20 de agosto de 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 notwithstanding, few studies have examined the paradiplomacy of the city. This article analyses the constitutional regime and underexplored legal topics of Hong Kong’s paradiplomacy, including the legal basis and framework for such. It argues that Hong Kong can lay a solid legal framework for paradiplomacy and its paradiplomatic powers should be more widely recognised because of its potential to yield substantial impact on international law and relations.

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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, n.º 1-2 (1 de julio de 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’ represents a welcome further development of the admissibility first test laid down by Ma CJHC in HKSAR v Chan Kau Tai.

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Langer, L. "The elusive aim of universal suffrage: Constitutional developments in Hong Kong". International Journal of Constitutional Law 5, n.º 3 (13 de junio de 2007): 419–52. http://dx.doi.org/10.1093/icon/mom018.

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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 (1 de diciembre de 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 in Hong Kong and leading to concerns that the decision will impact negatively on Hong Kong's standing as a pre-eminent international arbitration seat. This article will examine the decision and those concerns.

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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, n.º 1 (3 de diciembre de 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 judiciaries, but by eschewing to commit the State to an identifiable level of involvement. Underdeterminacy can result from a variety of structural features, such as omissions, the use of contested concepts, the dilution of overarching economic alignments through countervailing constitutional provisions or limitations by ordinary legislation and the assortment of amorphous constitutional repertoires that give free rein to policy. The fact that even constitutions that were in their drafting informed not least by economic considerations fail to set the basic parameters of the economic arena queries the extent to which they can be said to embody any such underpinnings. It further questions the significance of constitutions and formal institutions in the formation of liberal market economies in particular and emphasizes the role of experience.

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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, n.º 4 (diciembre de 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 the judiciary. This monograph further contends that in marking the boundary for the exercise of press freedom, the judiciary is also defining the triadic relationship among the authorities, the press and the citizens. This monograph concludes that unless there is a profound judicial awakening, Hong Kong's press freedom as a legal right will remain illusionary and empty.

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Ferdinand, Peter. "Constitutional confrontation in Hong Kong: issues and implications of the Basic Law". International Affairs 67, n.º 2 (abril de 1991): 391. http://dx.doi.org/10.2307/2620946.

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Yin, Yanhong y 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, n.º 4 (diciembre de 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 of close scrutiny. The article describes the unique constitutional setting in which this amendment was proposed, Hong Kong and mainland China being two regions of the same sovereign country which have two radically different legal systems under the ‘One Country, Two Systems’ principle. It compares the proposed system for extradition between these two regions with the rules regulating extradition between Hong Kong and third states, and with international systems for surrender, including the European Arrest Warrant and the UN Model Extradition Treaty. It shows that the FOO Amendment Bill would have put in place a surrender system in some respects less advanced and subject to more obstacles than standard international extradition Treaties and than the system regulating extradition between Hong Kong and third countries. This is the case, for instance, for the rules on penalty thresholds and on double criminality. Conversely, in other respects, it would have been even more advanced (and with fewer obstacles) than the European Arrest Warrant, one of the most advanced systems of international surrender. This is notably the case for the rules regulating extradition of Hong Kong residents to other parts of the PRC. These latter were, however, among the more controversial aspects of the proposal. The article also discusses the challenges that reintroducing a similar proposal would face in the future, including in light of current political and legal developments – notably the Standing Committee of the National People’s Congress’s July 2020 adoption of the ‘Hong Kong National Security Law’. It suggests that one avenue to smoothen surrender proceedings between Hong Kong and mainland China would be taking a procedural rather than a substantive approach, namely by increasing the role of courts and decreasing the role of executive bodies in the extradition procedures.

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Lecours, André y Jean-François Dupré. "The emergence and transformation of self-determination claims in Hong Kong and Catalonia: A historical institutionalist perspective". Ethnicities 20, n.º 1 (12 de julio de 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 People ruling Hong Kong” and the “One Country, Two Systems” formula. If Hong Kong nationalism was practically unheard of in the early years of the Handover, the unconciliatory attitude of the central government towards moderate demands for the actualization of the autonomy and democratization frameworks vested in Hong Kong’s Basic Law has directly contributed to the formation of today’s emerging self-determination movement. In Catalonia, the 2010 decision of the Spanish Constitutional Court to annul some articles of the reform to the Statute of Autonomy of Catalonia and to interpret others narrowly represented a transformative event that took Catalonia onto the pathway of secessionist politics. The secessionist turn was then further fed by the on-going refusal of the central government to negotiate with the Catalan government, notably on the notion of a popular consultation on the political future of the Autonomous Community.

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Sewpersadh, Prenisha y 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 (30 de mayo de 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 to Hong Kong’s specific laws dedicated to public procurement, its particular legislative and institutional features, its commendable constitutional commitment to eradicating corruption, and the fact that Hong Kong’s rules pertaining to procurement processes are more consistent and are not hidden in several legislative prescripts. South Africa may also do well to learn from the successes of Hong Kong’s iconic anti-corruption agency, the Independent Commission against Corruption (ICAC) – in attempting to model its own anti-corruption agency.

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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, n.º 2 (28 de mayo de 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" zones and "separate customs" territories, once data from the Mainland are transferred to the SARs, there would be no existing laws to hinder their further flow to the globe. Furthermore, the SARs have their laws protecting data rights and regulating data use, which are quite different from the national laws. These unique features render cross-border data transfer within China a challenging and interesting topic. This article takes the challenge by focusing on the legal framework for data transfer between Mainland China and Hong Kong. It delineates the relevant legal rules in China and its HKSAR, points out the obstacles and difficulties, and suggests reforms. Keywords: Cross-Border Data Transfer, Digital Sovereignty, Data Localization, National Security, Hong Kong SAR, Mainland China

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32

Hsu, B. F. C. "Constitutional Protection of a Sustainable Environment in the Hong Kong Special Administrative Region". Journal of Environmental Law 16, n.º 2 (1 de febrero de 2004): 193–214. http://dx.doi.org/10.1093/jel/16.2.193.

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33

Perera, Binendri. "The School Strike for Climate as people’s engagement in the transnational legal process and global constitutionalism". Global Constitutionalism 11, n.º 1 (29 de octubre de 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 Law that threatened people’s autonomy, whereas the School Strike for Climate is a response to the failure of the state to deliver climate justice. Both these movements use similar strategies of advocacy and they have relied extensively on new technology. Based on this comparison, I argue that the School Strike for Climate promotes procedural and substantive values of constitutionalism at the international level, similar to the Hong Kong Protests at the domestic level. Through the School Strike for Climate, people seek to engage directly in the transnational legal process. In attempting to bridge the constitutionalism gap at the international level, the School Strike for Climate promotes values of global constitutionalism.

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34

Hing, Lo Shiu. "The Politics of the Debate over the Court of Final Appeal in Hong Kong". China Quarterly 161 (marzo de 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 many people from both Hong Kong and China. As one legal scholar writes: “In one sense all kinds of people [in the HKSAR] will have to interpret the Basic Law: civil servants and other administrators and lawyers in their day-today work, legislators to ensure that their legislation and motions are consistent with it, the State Council [in the PRC], the National People's Congress Standing Committee, even private parties since some provisions affect private acts.” The debate over the COFA may also help towards an understanding of the ongoing interpretation of various provisions of the Basic Law, which serves as the mini-constitution of the HKSAR.

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35

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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36

Edwards, Susan. "RAISING FREEDOM’S BANNER HOW PEACEFUL DEMONSTRATIONS HAVE CHANGED THE WORLD". Denning Law Journal 27 (16 de noviembre de 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 Harris successfully represented Falun Gong in upholding their right to protest outside a government building in Hong Kong as part of a peaceful hunger strike against the treatment of Falun Gong in mainland China. As any visitor to Chinatown in London or indeed elsewhere will know Falun Gong simply wish to pursue their peaceful beliefs in Taoist and Buddhist teachings. For Paul Harris protest is the visible existence of the bastion of freedom.

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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, n.º 1 (30 de abril de 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 constitutional relation between the national (central) authorities of China and the local authorities in the HKSAR, and between the main legal system of China and the local HKSAR common-law system, in the light of the experiences of handling relevant cases in the past twenty years.

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Ghai, Yash. "The Basic Law of the Special Administrative Region of Macau: Some Reflections". International and Comparative Law Quarterly 49, n.º 1 (enero de 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 country, two systems’ were spelled out. China undertook to give effect to the Declarations in Basic Laws, passed by its National People's Congress. Except for defence and foreign affairs, most matters are vested in the new entities, called Special Administrative Regions. The Basic Laws describe the constitutional system established for the regions as being characterised by a “high degree of autonomy’. As such they are an interesting addition to autonomy systems which are increasingly being applied as solutions to problems of divided societies. But the institutional support for the autonomy is particularly weak, and a closer examination of the articulation of the regions with the central authorities suggests that the primary concern in establishing the special administrative regions is less the automony for the people of Hong Kong or Macau as finding a framework for managing different economic systems from those on the mainland (I have developed these arguments in Ghai 1999).

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Tang, Shu-hung. "Fiscal constitution, income distribution and the Basic Law of Hong Kong". Economy and Society 20, n.º 3 (agosto de 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, n.º 2 (30 de agosto de 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 substance of the original text. This paper also discusses the strategy of translating a judgement made by a legal body. Legal bilingualism should enable the general public to understand the law to a greater extent than they previously did. A user-friendly approach to translation will accelerate the assimilation of the common law into the Chinese culture and language.

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41

Augustine-Adams, Kif. "Marriage and Mestizaje, Chinese and Mexican: Constitutional Interpretation and Resistance in Sonora, 1921–1935". Law and History Review 29, n.º 2 (mayo de 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 border, was a popular destination, and hosted the largest Chinese population of any Mexican state through the 1920s. Once in Sonora, Gim Pon adapted to life in Mexico: he changed his name to Francisco Gim, learned Spanish, and became naturalized as a Mexican citizen on February 27, 1920. Most importantly, he formed a family with Julia Delgado.

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42

Pierson-Smith, Anne. "English for promotional purposes". English Today 13, n.º 3 (julio de 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. This move has particular relevance for the territory's promotional industries, currently employing one per cent of the population in advertising and public relations (Vocational Training Council, 1996).

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43

Wong, Mathew Y. H., Ying-ho Kwong y 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 (marzo de 2021): 100438. http://dx.doi.org/10.1016/j.ijlcj.2020.100438.

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44

Swede, Richard. "Hong Kong's New Constitutional Order: The Resumption of Chinese Sovereignty and the Basic Law. By Yash Ghai. [Hong Kong: Hong Kong University Press, 1997. 608 pp. U.S. $40.00. ISBN 962–209–435–X.]". China Quarterly 158 (junio de 1999): 493–94. http://dx.doi.org/10.1017/s0305741000005920.

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45

Yip, Paul, Mehdi Soleymani, Kam Pui Wat, Edward Pinkney y Kwok Fai Lam. "Modeling Internal Movement of Children Born in Hong Kong to Nonlocal Mothers". International Journal of Environmental Research and Public Health 17, n.º 15 (29 de julio de 2020): 5476. http://dx.doi.org/10.3390/ijerph17155476.

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In Hong Kong, approximately 300,000 children were born to Mainland China couples in the period 1991–2012. According to Basic Law, the mini constitution of Hong Kong Special Administrative Region (SAR) government, these parents do not have residence rights, but their children do. As a result, most of these children have returned to Mainland China with their parents. An important consideration for policymakers is how many of these children (who are now adults in some cases) will return to Hong Kong for good, and when, as this will have a significant impact on social service provision, especially in the education sector, where it will be necessary to ensure there is capacity to meet the additional demand. Prior survey results conducted by the government suggested that more than 50% of these children would return to Hong Kong before age six. It is important to be able to provide a timely projection of the demand into the future. Here, we make use of the immigration records on the actual movement of these children and propose a Markov chain model to estimate their return rates in the future. Our results show that only about 25% of these children would return rather than 50% estimated by the survey. We also find that parents with better educational attainment levels are associated with lower return rates of their children. Timely and relevant social and public policies are needed to prepare for their return to minimize disruption to the local population and promote social harmony for the whole community.

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46

Hidayat, Taufik y Rahutomo Mahardiko. "The Effect of Social Media Regulatory Content Law in Indonesia". Journal of Telecommunications and the Digital Economy 8, n.º 2 (30 de junio de 2020): 110–22. http://dx.doi.org/10.18080/jtde.v8n2.247.

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Nowadays, information technology (IT) has been used widely in the world. People use IT in their jobs and get the latest information about everything that happens in the world. Therefore, IT has a big impact on peoples’ lives. Information can be found easily in a news portal, social media, and a search engine. This study used social media WhatsApp, Telegram, Facebook, and Instagram as the primary sources. In using social media, people can share positive (news, current research) or negative (hoax) information. Unfortunately, messages can be shared without verifying their truthfulness. Many people have used social media to share fake news and bullying. Hong Kong, France, Indonesia and Venezuela are examples of countries where a hoax has become the part of peoples’ lives. In Indonesia, the government created a Constitutional Law (CL), Undang-Undang Informasi dan Transaksi Elektronik (CL of Information and Electronic Transactions), to regulate responses to negative information and filter this kind of information. This paper analyses the effect of social media regulatory law and hoax news on social life. The results of this study show that the Indonesian CL could be useful to regulate the use of social media in other countries.

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Hamza, Ali y Humayun Javed. "The buildup to the National Security Law in Hong Kong: From Structural Contradictions to Direct Violence". Global Legal Studies Review VIII, n.º II (30 de junio de 2023): 152–64. http://dx.doi.org/10.31703/glsr.2023(viii-ii).17.

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The political scene of Hong Kong both before and after the transition from British to Chinese authority was one of negative calm - the absence of violence. Sino-British Joint Declaration (1984), for instance, & a mini-constitution (i.e., Basic Law) picturing the city's future under the People's Republic of China were to guarantee the public's autonomy in politics and social rights. Nevertheless, Hong Kong's political context evolved from poor peace (with the Joint Declaration providing a foundation for positive peace) to indirect and ultimately direct violence. The writings that envisioned "a substantial amount of autonomy" and "democratization" were riddled with inconsistencies and contradictions. The rise of the National Security Act continued this aggressive trajectory, in which underlying conflicts created cycles of continual violence that were originally entrenched in structure but became explicitly evident at a level of mindset and subsequently conduct after 2014.

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Chan, Phil C. W. "Keeping up with (which) Joneses: a critique of constitutional comparativism in Hong Kong and its implications for rights development". International Journal of Human Rights 13, n.º 2-3 (junio de 2009): 307–28. http://dx.doi.org/10.1080/13642980902758168.

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Lutfi, Mustafa, Ramadhita Ramadhita, Septiani Septiani y Asrul Ibrahim Nur. "Enhancing the Supervisory Board of the Corruption Eradication Commission: Insights from Hong Kong, United Kingdom, and European Union". Yustisia Jurnal Hukum 12, n.º 3 (26 de diciembre de 2023): 278. http://dx.doi.org/10.20961/yustisia.v12i3.71785.

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<div class="WordSection1"><p><em>Establishing the KPK Supervisory Board as a juridical consequence of Law Number 19 of 2019 is an effort to improve KPK's supervisory system. But its formation has caused many pros and cons in the community. The existence of this board is considered to weaken and hinder the performance of KPK. This study analyzes the position of the KPK Supervisory Board after Constitutional Court Decree Number 70/PUU-XVII/2019 concerning reducing the pro-Justitia authority of the Supervisory Board regarding the comparative study involving several countries. This study uses legal research with comparative and statutory approaches. The study results show that the KPK Supervisory Board, as the KPK's internal supervisory body, still requires adjustments by adopting the supervisory mechanisms implemented by comparator countries relevant to the Indonesian Legal System. Some of these are related to the mechanism of monitoring and evaluation of the performance of the KPK Supervisory Board and the KPK itself.</em></p></div>

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Ddamulira Mujuzi, Jamil. "Recent Developments". International Human Rights Law Review 2, n.º 1 (2013): 151–69. http://dx.doi.org/10.1163/22131035-00201006.

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Article 50(4) of the 2010 Kenyan constitution provides that ‘[e]vidence obtained in a manner that violates any right or fundamental freedom in the Bill of Rights shall be excluded if the admission of that evidence would render the trial unfair, or would otherwise be detrimental to the administration of justice.’ In other words, Article 50(4) allows a court to admit evidence obtained in a manner that violates a right or rights in the bill of rights provided the admission of such evidence would not render the trial unfair or otherwise be detrimental to the administration of justice. At the time of writing Kenyan courts had not yet interpreted the meaning of Article 50(4). The purpose of this article is to rely on jurisprudence from countries such as South Africa and Hong Kong and international and regional human rights bodies and suggest ways through which Kenyan courts could apply Article 50(4).

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