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New Arrival The Constitutional System of the Hong Kong SAR: A Contextual Analysis

The Constitutional System of the Hong Kong SAR: A Contextual Analysis

  • Author:
  • Publisher: Hart Publishing
  • ISBN: 9781509956333
  • Published In: April 2024
  • Format: Paperback
  • Jurisdiction: Hong Kong ? Disclaimer:
    Countri(es) stated herein are used as reference only

List Price: HKD 375.00

HKD 363.75 Save HKD 11.25 (3%)

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  • Description 
  • Contents 
  • Details

    This book provides an account of the evolving constitutional arrangement known as "One Country, Two Systems", as practised in the Hong Kong Special Administrative Region of the People's Republic of China (PRC). The British colony of Hong Kong, one of the "Four Little Dragons" of East Asia, reverted to Chinese rule in 1997. Since then, Hong Kong has continued to be an international financial centre, a free market, and a cosmopolitan city. At the same time, the tensions and contradictions inherent in "One Country, Two Systems" have given rise to constitutional controversies and social movements, culminating in the Umbrella movement of 2014, the anti-extradition law movement of 2019, the enactment of a National Security Law in 2020, and the electoral overhaul of 2021.

    This book discusses the structure and operations of Hong Kong's legal, judicial and political systems and their interactions with the national authorities of the PRC. The book provides a useful case study in comparative constitutional law, especially on autonomy and devolution issues within sovereign States. This comparative study is particularly interesting because Hong Kong is a common law jurisdiction within the PRC's socialist legal system. It will therefore be of interest to students and scholars of Chinese law, Hong Kong law and comparative politics, as well as lawyers whose practice involves Hong Kong.

  • Preface
    Table of Cases
    Table of Legislation

    1. Hong Kong's Constitutional Journey
    I. Hong Kong before the 1980s
    II. Negotiation of the Sino-British Joint Declaration
    III. Drafting of the Basic Law
    IV. Developments in Colonial Hong Kong in the 1990s
    V. Major Constitutional and Legal Developments in the HKSAR
    A. Aborted Attempt to Implement Article 23 of the Basic Law, 2002–03
    B. Interpretations of the Basic Law by the National People's Congress Standing Committee, 1999–2016
    C. Pace of Democratisation, 2003–15
    D. Failed Attempt to Introduce an Extradition Bill, 2019
    E. Beijing's Interventions on National Security Law and Electoral Reform, 2020–21
    VI. Conclusion
    Further Reading
    2. The Autonomy of the HKSAR and the Powers of the Central Authorities
    I. The Concept of Autonomy
    II. The PRC Constitution and the Basic Law
    III. The Continuity of Laws
    IV. 'Plenary Power' and 'Patriots Ruling Hong Kong'
    V. The Powers of the HKSAR
    VI. The Powers of the Central Authorities
    A. The First Interpretation
    B. The Second Interpretation
    C. The Third Interpretation
    D. The Fourth Interpretation
    E. The Fifth Interpretation
    F. The 'Decision-Making' Power of the NPCSC
    G. The 'Decision-Making' Power of the NPC
    H. Application of National Laws to the HKSAR
    VII. Conclusion: An Analysis of 'One Country, Two Systems'
    Further Reading
    3. The Political System: The Executive and the Legislature
    I. Hong Kong's Political System: From Colony to SAR
    II. The Chief Executive
    A. Executive Orders
    B. Emergency Powers
    C. Dual Accountability
    III. The Executive Council
    IV. Principal Offi cials, Bureaux and Departments
    V. Access to Information
    VI. The Legislative Council
    A. The Legislature and the Executive
    B. 'Separate Counting' Mechanism and Private Members' Bills
    C. Powers and Functions
    VII. Independent Agencies
    VIII. Conclusion
    Further Reading
    4. The Political System: Electoral Politics and Constitutional Changes
    I. The Electoral System
    II. Political Polarisation in Hong Kong
    III. The 'Ruling Coalition' in the HKSAR
    IV. The Dynamics of Constitutional Reform
    V. The Electoral Overhaul of 2021
    A. 'Patriots Ruling Hong Kong'
    B. The Policy Behind the Electoral Reform
    VI. Conclusion
    Further Reading
    5. Constitutional Role of the Judiciary
    I. Structure, Organisation and Composition of Hong Kong's Courts
    II. Constitutional Review of Local Legislation
    III. Judicial Review of the Central Authorities' (NPC/NPCSC) Acts
    IV. Judicial Treatment of NPCSC Interpretations
    V. Retrospective Effect of NPCSC Interpretations
    VI. Constitutional Signifi cance of the NPCSC's Power of Interpretation
    VII. 'Separation of Powers' or 'Executive-Led Government'?
    VIII. Conclusion: Coexistence of 'Separation of Powers' and 'Executive-Led Government'
    Further Reading
    6. Constitutional Rights
    I. The Basic Law and the Hong Kong Bill of Rights Ordinance
    A. Ng Kung Siu and Article 39 of the Basic Law
    B. Article 39 of the Basic Law Post-Ng Kung Siu
    II. Effect of ICCPR Reservations and Section 11 of the BORO
    III. Judicial Use of Comparative Law
    IV. Proportionality Analysis
    V. CFA During Chief Justice Andrew Li's Tenure
    A. Central–HKSAR Constitutional Relations
    B. Law and Order
    C. Declarations of Invalidity
    VI. CFA During Chief Justice Geoffrey Ma's Tenure
    A. Central-HKSAR Constitutional Relations
    B. Law and Order
    C. Express Findings of Unconstitutionality
    D. Constitutionality of Electoral Restrictions
    VII. CFA During Chief Justice Andrew Cheung's Tenure
    VIII. Conclusion
    Appendix: List of CFA Cases with Express Findings of Unconstitutionality
    Further Reading
    7. Constitutional Remedies
    I. Invalidation of Unconstitutional Laws
    II. Advisory Review or Provisional Determination
    III. Remedial Interpretation
    IV. Suspension Order
    V. Invalidation of Constitutional Law
    VI. Conclusion
    Further Reading
    8. Conclusion
    I. A New Narrative for the 'Hong Kong Story'
    II. 'Free Market Constitutionalism' in Hong Kong
    III. Xi Jinping's Speech on 1 July 2022
    IV. Brief Overview of 25 Years of the HKSAR
    V. Conclusion

    Further Reading
    Index

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