The Changing Legal Orders in Hong Kong and Mainland China: Essays on “One Country, Two Systems”

The Changing Legal Orders in Hong Kong and Mainland China: Essays on “One Country, Two Systems” PDF Author: Albert H.Y. Chen
Publisher: City University of HK Press
ISBN: 9629374501
Category : Law
Languages : en
Pages : 440

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Book Description
This collection of selected works by Professor Albert H.Y. Chen shows the contours of the author’s scholarship as it developed over 35 years of his academic career, from 1984 to the present. The essays are divided into three sections which cover the three major domains of Professor Chen’s research. Part I covers the legal developments and controversies of “One Country, Two Systems” since the Hong Kong interpretation on “the right of abode” in 1999 to the anti-extradition movement of 2019. Part II shifts to focus on tradition and modernity in Chinese Law, including China’s Confucian and Legalist traditions and how the socialist legal system in China evolved and modernized in the era of “reform and opening”. Part III examines the transplantation of Western thinking and constitutionalism to East Asia in modern times and discusses the achievements and failures of these efforts. In conjunction with an introductory chapter that sets out the basic orientation and paradigm of these legal and constitutional studies and an epilogue that reflects on the main themes, this collection exemplifies the author’s important contributions to the field and provides insight into how the legal orders in Hong Kong and mainland China have changed over the course of Professor Chen’s academic career.

The Changing Legal Orders in Hong Kong and Mainland China

The Changing Legal Orders in Hong Kong and Mainland China PDF Author: Albert H. Y. Chen
Publisher:
ISBN: 9789629376048
Category : China
Languages : en
Pages : 440

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Book Description


China's National Security

China's National Security PDF Author: Cora Chan
Publisher: Bloomsbury Publishing
ISBN: 1509928170
Category : Law
Languages : en
Pages : 369

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Book Description
All states are challenged by the need to protect national security while maintaining the rule of law, but the issue is particularly complex in the China–Hong Kong context. This timely and important book explores how China conceives of its national security and the position of Hong Kong. It considers the risks of introducing national security legislation in Hong Kong, and Hong Kong's sources of resilience against encroachments on its rule of law that may come under the guise of national security. It points to what may be needed to maintain Hong Kong's rule of law once China's 50-year commitment to its autonomy ends in 2047. The contributors to this book include world-renowned scholars in comparative public law and national security law. The collection covers a variety of disciplines and jurisdictions, and both scholarly and practical perspectives to present a forward-looking analysis on the rule of law in Hong Kong. It illustrates how Hong Kong may succeed in resisting pressure to advance China's security interests through repressive law. Given China's growing international stature, the book's reflections on China's approach to security have much to tell us about its potential impact on the global political, security, and economic order.

The New Legal Order in Hong Kong

The New Legal Order in Hong Kong PDF Author: Raymond Wacks
Publisher:
ISBN: 9789622095083
Category : Constitutional law
Languages : en
Pages : 0

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Book Description
As Hong Kong enters its third year under Chinese rule, the prognosis for the common law remains uncertain. Can the improbable doctrine of 'one country, two systems' be made to work? Will the political controversies that continue to bedevil the territory u

Living in the Margins in Mainland China, Hong Kong and India

Living in the Margins in Mainland China, Hong Kong and India PDF Author: Wing Chung Ho
Publisher: Routledge
ISBN: 1000079287
Category : Social Science
Languages : en
Pages : 230

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Book Description
With a range of case studies from Asia, this book sheds light on empirical realizations of marginality in a globalized context using first-hand original research. In the late 2000s, the financial crisis witnessed the fragility of high levels of market integration and the vulnerability of globalisation. Since then, the world seems to have entered an epoch of anxiety featuring populism with varying degrees of protectionism and nationalism. What is the nature of this populist mood as a backlash against globalisation? How do people feel about it and act upon it? Why should specific intellectual attention be paid to the increasingly marginalised by the recent macroscopic structural changes? These are the questions addressed by the contributors of this book, illustrated with specific cases from mainland China, Hong Kong and India, all of which have undergone substantial populist or nationalist movements since 2010. A valuable resource for sociologists looking to understand the impacts of globalization, especially those with a particular interest in Asia.

The Dynamics of Beijing-Hong Kong Relations

The Dynamics of Beijing-Hong Kong Relations PDF Author: Sonny Shiu-hing Lo
Publisher: Hong Kong University Press
ISBN: 9789622099081
Category : Political Science
Languages : en
Pages : 352

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Book Description
This book critically assesses the implementation of the "one country, two systems" in the Hong Kong Special Administrative Region (HKSAR) from the political, judicial, legal, economic and societal dimensions. The author contends that there has been a gradual process of mainlandization of the HKSAR, meaning that Hong Kong is increasingly economically dependent on the People's Republic of China (PRC), politically deferent to the central government on the scope and pace of democratic reforms, socially more patriotic toward the motherland and more prone to media self-censorship, and judicially more vulnerable to the interpretation of the Basic Law by the National People's Congress. This book aims to achieve a breakthrough in relating the development of Hong Kong politics to the future of mainland China and Taiwan. By broadening the focus of the "one country, two systems" from governance to the process of Sino-British negotiations and their thrust-building efforts, this book argues that the diplomats from mainland China and Taiwan can learn from the ways in which Hong Kong's political future was settled in 1982–1984. This is a book for students, researchers, scholars, diplomats and lay people.

The New Legal Order in Hong Kong

The New Legal Order in Hong Kong PDF Author: Raymond Wacks
Publisher: Hong Kong University Press
ISBN: 9622095070
Category : Law
Languages : en
Pages : 710

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Book Description
As Hong Kong enters its third year under Chinese rule, the prognosis for the common law remains uncertain. Can the improbable doctrine of 'one country, two systems' be made to work? Will the political controversies that continue to bedevil the territory undermine the rule of law and the integrity of the legal order? The 21 essays in this important new collection consider these, and many other, questions. The first part examines several problems that lie at the heart of the Basic Law's promise of legal continuity. Hong Kong's economic order and its legal buttresses are analysed in Part 2, while the essays in Part 3 trace the shifts in social values as reflected both in Chinese and Hong Kong law. Though they embrace a wide area, the contributions to this volume suggest that, while many problems lie ahead, Hong Kong's law and legal system seem adequately entrenched to endure well into the future. Raymond Wacks is Professor of Law and Legal Theory at the University of Hong Kong. He is an international authority on the legal protection of privacy, and has also published widely in the field of legal theory. Professor Wacks has edited several books on Hong Kong law and human rights. His recent books include Privacy and Press Freedom (1995). The fifth edition of his text, Jurisprudence will appear in early 2000. “(B)y far the most comprehensive study of the post-1997 legal order I have come across, covering nearly all the subjects which the Basic Law touches upon... (I)t contains much insightful analysis of the historical development and future issues surrounding each topic... A very valuable contribution to scholarship... Far more importantly, there is no collection that comes close to such an array of good analysis on so many topics.” — Anthony Neoh, SC, Visiting Professor, Peking University

Legal Translation and Bilingual Law Drafting in Hong Kong

Legal Translation and Bilingual Law Drafting in Hong Kong PDF Author: Clara Ho-yan Chan
Publisher: Routledge
ISBN: 0429812167
Category : Foreign Language Study
Languages : en
Pages : 171

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Book Description
Legal Translation and Bilingual Law Drafting in Hong Kong presents a systematic account from a cross-disciplinary perspective of the activities of legal translation and bilingual law drafting in the bilingual international city of Hong Kong and its interaction with Mainland China and Taiwan in the use of legal terminology. The study mainly examines the challenges posed to English-Chinese translation in the past three decades by elaborate drafting and terminological equivalence, and offers educational and research solutions. Its primary goals are to create legal Chinese that naturally accommodates common law concepts and statutes from the English legal system and to reconcile Chinese legal terms from the different legal systems adopted by Hong Kong, Mainland China and Taiwan. The new directions in legal translation and bilingual law drafting in Hong Kong will have implications for other Chinese regions and for the world. The book is intended for scholars, researchers, teachers and students of legal translation and legal linguistics, legal translators, lawyers and legal practitioners who are engaged in translation, as well as all persons who are interested in legal language and legal translation.

Hong Kong's Reunion with China: The Global Dimensions

Hong Kong's Reunion with China: The Global Dimensions PDF Author: Gerard A. Postiglione
Publisher: Routledge
ISBN: 1315503042
Category : Law
Languages : en
Pages : 321

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Book Description
The issues surrounding Hong Kong's global position and international links grow increasingly complex by the day as the process of Hong Kong's transformation from a British colony to a Chinese Special Administration Region unfolds. This volume addresses a number of questions relating to this process. How international is Hong Kong? What are its global and international dimensions? How important are these dimensions to its continued success? How will these dimensions change, especially beyond the sphere of economics? Is Hong Kong's internationalization, defined in terms of its willingness to embrace international values and its capacity to maintain its international presence, at risk? These questions are presented as they pertain to the changing situation; relations between mainland China, Taiwan and Hong Kong; the positions of Australia, Canada and the United States on Hong Kong; internalization of international legal values; Americanization vs. Asianization; linkages to the world through Guangdong; strategies to emigrate overseas, cultural internationalization; media internationalization and universities within the global economy.

Asian Yearbook of International Law, 1997

Asian Yearbook of International Law, 1997 PDF Author: Ko Swan Sik
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041115331
Category : Law
Languages : en
Pages : 574

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Book Description
The "Asian Yearbook of International Law" is the first publication dedicated primarily to international law as seen from an Asian perspective. It provides international law articles written by experts from the region and other articles relating to Asian topics. The editorial board, national correspondents, advisory council, and governing board comprise a diverse group of academics and government officials from a wide range of countries and positions. The "Asian Yearbook of International Law" offers a number of useful features: - articles;- notes; - legal materials (such as the state practice in a number of Asian countries and participation in multilateral treaties); - Asia and international organizations; - chronicle of events for the covered year; - literature (including book reviews and a bibliography); - selected documents (treaties, agreements, and other relevant primary documents); and - an index. Its range of features assures that the "Yearbook" comprehensively covers the critical events, legislation, and issues of the past year and that users can easily access all of this information. Academics and practitioners who deal with international public law in Asia will appreciate this unique, complete resource. The "Asian Yearbook of International Law" provides insight into Asian views and practices, especially for non-Asian readers, and also promotes the dissemination of knowledge of international law in Asia. Some of the topics covered in this volume: the secession of Bangladesh in international law; the Asian Development Bank Administrative Tribunal; port state control: a comment on the Tokyo MOU; maritime jurisdiction over vessel-source pollution in the EEZ: the Chinese experience.