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Judicial Independence and the Rule of Law in Hong Kong

Judicial Independence and the Rule of Law in Hong Kong

Author: Steve Tsang
Publisher: Hong Kong University Press
ISBN: 9789622095397
Published In: July 2001
Format: Paperback , 224 pages
Jurisdiction: Hong Kong ? Disclaimer:
Countri(es) stated herein are used as reference only

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Judicial independence and the rule of law are crucial to maintaining the way of life, prosperity and human rights in Hong Kong, especially since it came under the sovereignty of one of the world's last Communist regimes in 1997. Since then, although Hong Kong's judiciary has valiantly upheld these values, doubts have been cast over Hong Kong's government's commitment to them, particularly over the controversy involving the right of abode of children of recent Chinese immigrants.

This book examines whether judicial independence and the rule of law can survive in Hong Kong under Chinese sovereignty. It examines their protection under the Basic Law, the institutional and individual independence of the judiciary, and the maintenance of due process and a free press. It also scrutinizes the threats from the need to accommodate national security and wider political concerns. The assessments are set in the context of a comparison with the early years of British rule, and based on developments in the two years following the handover.

1. Commitment to the Rule of law and Judicial Independence
Steve Tsang

2. The Rule of Law and Criminal Justice in the Nineteenth Century
Christopher Munn

3. Judicial Independence under the Basic Law
Byron S.J. Weng

4. The National Security Factor: Putting Article 23 of the Basic Law in Perspective
Hualing Fu

5. Individual and Institutional Independence of the Judiciary
Peter Wesley-Smith

6. Prospect for the Due Process under Chinese Sovereignty
Johannes Chan

7. Freedom of the Press and the Rule of Law
Richard Cullen

8. Prospects for the Rule of Law: the Political Dimension
Leo F. Goodstadt

Index