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Effective since China's resumption of sovereignty on 1 July 1997, the Hong Kong Basic Law lays down the general policies and system of government for Hong Kong under the "one country, two systems" formula. It guarantees Hong Kong a high degree of autonomy, enshrines the rights and freedoms of residents, and preserves a separate common law system with an independent judiciary.
This introduction traces the origins of the Hong Kong Basic Law and the concepts and legal issues that surround it. Drawing on the experience of the first 15 years, it then analyses the content of the Hong Kong Basic Law, especially in relation to Hong Kong's political system, the judiciary, and human rights. Intended especially for students at all levels in law, politics, and other disciplines, this book—the only introductory guide of its kind to the subject—will also appeal to the general reader interested in Hong Kong's experience under "one country, two systems".
Preface
Main Abbreviations
Table of Cases
Table of Hong Kong Basic Law Provisions and Related Documents
Table of Other Legislation and International Agreements, Conventions and Treaties
Chapter 1 Introduction
Chapter 2 Birth of the Hong Kong Basic Law
2.1 The 1997 Deadline
2.2 Sino-British Joint Declaration
2.3 Drafting the Hong Kong Basic Law
2.4 Battles and Changes
2.5 Sino-British Disputes
2.6 Through Train
Chapter 3 What Is the Hong Kong Basic Law?
3.1 International Dimension
3.2 Domestic Dimension
3.3 Constitutional Dimension
3.4 Relationship With Chinese Constitution
Chapter 4 How High a Degree of Autonomy?
4.1 Executive Power
4.2 Legislative Power
4.3 Judicial Power
4.4 Dispute Resolution
Chapter 5 System of Government
5.1 Chief Executive
5.2 Separation of Powers
5.3 Small-Circle Selection Process
5.4 Hong Kong SAR Government
5.5 Elected Legislature
5.6 Functional Constituencies
5.7 How Powerful a Legislature?
Chapter 6 Role of the Courts
6.1 Judicial Independence
6.2 Judicial Review
6.3 Composition of the Court of Final Appeal
6.4 Constitutional Role of the Court of Final Appeal
6.5 Limits on Courts
Chapter 7 Interpretation and Amendment
7.1 Hong Kong Courts
7.2 Standing Committee
7.3 Avoiding Interpretations
7.4 Judicial Referral
7.5 Amendment
Chapter 8 Protection of Human Rights
8.1 ICCPR and Bill of Rights
8.2 Restrictions on Rights
Chapter 9 What Will Happen After 2047?
9.1 Future of Property Rights
9.2 What Does 50 Years Mean?
9.3 How Much Change?
9.4 Parallels With 1997
Appendix 1 Full Text of the Hong Kong Basic Law
Appendix 2 Full Text of Related Decisions and Interpretations
Bibliography
Index
Danny Gittings has taught and examined thousands of students in courses on the Hong Kong Basic Law as an Assistant Professor and Senior Programme Director at the College of Humanities and Law in the University of Hong Kong's School of Professional and Continuing Education. A former journalist, he reported on many of the events described in this book during a 15-year career in senior editorial positions at theSouth China Morning Post and The Wall Street Journal Asia.
"Danny Gittings's Introduction to the Hong Kong Basic Law makes a significant contribution to an important subject. It is expressed in reader-friendly terms. The insights that it provides are of value not only to lawyers but also to the general public."
—The Hon. Mr. Justice Kemal Bokhary, Permanent Judge of the Hong Kong Court of Final Appeal (1997–2012), Non-Permanent Judge (2012– ).
"This well-researched and very readable introduction explains the history, practices and future of the Basic Law—Hong Kong's key constitutional document. It also explores how far the Basic Law is able to address the many political and legal issues now facing Hong Kong. The book is suitable for a wide range of readers. Students of Hong Kong law at all levels will find it essential reading. General readers with an interest in Hong Kong's governance will find in it a lucid and accurate guide—and a timely one as the debate about implementing democracy intensifies."
—Professor Fu Hualing, Faculty of Law, University of Hong Kong.
