Hong Kong's Court of Final Appeal The Development of the Law in China's Hong Kong

Author: Professor Simon N. M. Young; Professor Yash Ghai
Publisher: Cambridge University Press
ISBN: 9781107011212
Published In: December 2013
Format: Hardback , 680 pages
Jurisdiction: Hong Kong ? Disclaimer:
Countri(es) stated herein are used as reference only

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In the years since it was established on 1 July 1997, Hong Kong's Court of Final Appeal has developed a distinctive body of new law and doctrine with the help of eminent foreign common law judges. Under the leadership of Chief Justice Andrew Li, it has also remained independent under Chinese sovereignty and become a model for other Asian final courts working to maintain the rule of law, judicial independence and professionalism in challenging political environments. In this book, leading practitioners, jurists and academics examine the Court's history, operation and jurisprudence, and provide a comparative analysis with European courts and China's other autonomous final court in Macau. It also makes use of extensive empirical data compiled from the jurisprudence to illuminate the Court's decision-making processes and identify the relative impacts of the foreign and local judges.

• As the first detailed study of Hong Kong's highest court in China's only common law jurisdiction, this is a must-have book for those interested in the rule of law in Hong Kong and China and in the comparative study of final courts

• New empirical data on the decision-making processes of Hong Kong's final court encourages readers to think about the Court in new ways

• Includes a range of viewpoints from leading figures, making this relevant to legal practitioners, jurists and legal scholars

1. Themes and arguments Yash Ghai;

Part I. Final Appeals: Setting the Context:

2. Autonomy and the Court of Final Appeal: the constitutional framework Yash Ghai;

3. Two interpreters of the basic law: the CFA and NPCSC Xiaonan Yang;

4. A worthy predecessor? The Privy Council on Appeal from Hong Kong, 1853–1997 Oliver Jones;

Part II. The Hong Kong Court of Final Appeal:

5. Genesis of Hong Kong's Court of Final Appeal Simon N. M. Young, Antonio Da Roza and Yash Ghai;

6. Final Appeals then and now Simon N. M. Young and Antonio Da Roza;

7. Jurisdiction and procedure Antonio Da Roza;

8. A practitioner's perspective Michael Thomas;

9. A human rights lawyer's perspective Mark Daly;

Part III. Judges and Judging:

10. Role of the Chief Justice Simon N. M. Young, Antonio Da Roza and Yash Ghai;

11. The judges Simon N. M. Young and Antonio Da Roza;

12. Concurring and dissenting in the Hong Kong Court of Final Appeal Jill Cottrell and Yash Ghai; Part IV. Jurisprudence of the Court:

13. The common law Sir Anthony Mason;

14. Basic law Albert H. Y. Chen and P. Y. Lo;

15. Human rights Simon N. M. Young;

16. Administrative law Johannes Chan;

17. Criminal law Simon N. M. Young;

18. Commercial law William Waung;

19. Land law Malcolm Merry;

20. Tort law Rick Glofcheski;

21. Civil procedure Gary Meggitt;

Part V. Perspectives from Beyond Hong Kong:

22. Impact of jurisprudence beyond Hong Kong P. Y. Lo;

23. Macau's Court of Final Appeal Jorge Godinho and Paulo Cardinal;

24. Foreign judges: a European perspective Josef Marko.

Editors:

Professor Simon N. M. Young, University of Hong Kong
Professor Yash Ghai, University of Hong Kong

Contributors

Yash Ghai, Xiaonan Yang, Oliver Jones, Simon N. M. Young, Antonio Da Roza, Michael Thomas, Mark Daly, Jill Cottrell, Sir Anthony Mason, Albert H. Y. Chen, P. Y. Lo, Johannes Chan, William Waung, Malcolm Merry, Rick Glofcheski, Gary Meggitt, Jorge Godinho, Paulo Cardinal, Josef Marko