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Re-Ordering Hong Kong: Decolonisation and the Hong Kong Bill of Rights Ordinance

Re-Ordering Hong Kong: Decolonisation and the Hong Kong Bill of Rights Ordinance

Re-Ordering Hong Kong: Decolonisation and the Hong Kong Bill of Rights Ordinance

Author: Max Wong
Publisher: Wildy, Simmonds and Hill Publishing
ISBN: 9780854902309
Published In: September 2017
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
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The promulgation of the Hong Kong Bill of Rights Ordinance (HKBORO) denotes a change in British decolonisation policy from that which prevailed in the 1950s and 1960s – the protection of minorities through a Bill of Rights.

The HKBORO is uniquely interesting. The decision to incorporate it into Hong Kong law was political, and aimed at restoring the confidence of the Hong Kong people following the suppression of the Tiananmen democratic movement in Beijing in 1989.

In addition, Hong Kong was the only Crown colony to entrench the International Covenant on Civil and Political Rights indirectly in a constitutional document -- in the case of Hong Kong, the Letters Patent, the constitution for Hong Kong before 1997. This incorporation and entrenchment was intended to ensure that the HKBORO continued in force under the Basic Law of the Hong Kong SAR, the “mini-constitution” after 1997.

The author suggests that Hong Kong provides a successful model for the courts in other common law jurisdiction in their efforts to incorporate international human rights jurisprudence into decision-making in the criminal law field. This book is not only suitable for practitioners, law teachers and students, but also for researchers with interests in UK colonial history, civil liberties and political science.

Table of Cases;

Table of Statutes

Preface;

Chapter 1 Introduction

Chapter 2 Human Rights in Hong Kong After 1945 (I)

Chapter 3 Human Rights in Hong Kong After 1945 (II)

Chapter 4 The Drafting Process of The Bill Of Rights Ordinance (Part 1)

Chapter 5 The Drafting Process of The Bill Of Rights Ordinance (Part II)

Chapter 6 Hkboro: The Assessment

Chapter 7 Hkboro: The Aftermath

Chapter 8 Reflections and Readjustments

Bibliography

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