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Autonomy and Protection of Fundamental Rights in the Hong Kong Special Administrative Region

Autonomy and Protection of Fundamental Rights in the Hong Kong Special Administrative Region

Author: Yun-Bor Wong
Publisher: LexisNexis Hong Kong_
ISBN: 9789628937578
Published In: May 2007
Format: Paperback , 419 pages
Jurisdiction: Hong Kong ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author

Details

The question of whether Hong Kong is an autonomous region independent of the PRC or an internal administrative region of the PRC is not straightforward.

The answer is particularly unclear when it comes to the practical protection of fundamental rights.

This book explores the legal structure of the HKSAR, including its constitutional and international status, and analyses the legal meaning of “one country, two systems”. It focuses on the issues of self-determination and the protection of the rights of the people of a territory who have transferred from one state to another with reference to international treaties and the provisions of a national constitution.

This is one of the first studies to comprehensively review the legal problems arising from Hong Kong’s transition and the first book to systematically analyse the legal meaning of the “autonomy” currently practiced in Hong Kong. It will be a significant contribution to the further understanding of international law and Chinese constitutional law.

Offering a detailed dissertation on the fundamentals of the HKSAR legal system, this book will be valuable to barristers, solicitors, academics and students engaged in the practice or study of constitutional or human rights law and practice. It will also be of great interest to all people concerned with the legal realities of collective and individual rights in Hong Kong.
l   Historical background (early treaties and conventions)

l   The international status of Hong Kong (legal status before and after 1997; subjects of international law)

l   The right to self determination and autonomy (Hong Kong inhabitants as a ‘people’; autonomy in international and national law) •The protection of individual rights in the framework of international legislation (the ICCPR: continuity, reservations and incorporation into domestic law; the ICESCR; international labour conventions)

l   The protection of individual rights in the framework of domestic legislation (the national constitution; the Bill of Rights Ordinance, change of nationality and citizenship; protection of fundamental rights in the Basic Law)

l   Independence of the Judiciary
Yun-Bor Wong LLB LLM