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The New Legal Order in Hong Kong

The New Legal Order in Hong Kong

Author: Raymond Wacks
Publisher: Hong Kong University Press
ISBN: 9789622095076
Published In: November 1999
Format: Hardback , 712 pages
Jurisdiction: Hong Kong ? Disclaimer:
Countri(es) stated herein are used as reference only

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As Hong Kong enters its third year under Chinese rule, the prognosis for the common law remains uncertain. Can the improbable doctrine of 'one country, two systems' be made to work? Will the political controversies that continue to bedevil the territory undermine the rule of law and the integrity of the legal order?

The 21 essays in this important new collection consider these, and many other, questions. The first part examines several problems that lie at the heart of the Basic Law's promise of legal continuity. Hong Kong's economic order and its legal buttresses are analysed in Part 2, while the essays in Part 3 trace the shifts in social values as reflected both in Chinese and Hong Kong law.

Though they embrace a wide area, the contributions to this volume suggest that, while many problems lie ahead, Hong Kong's law and legal system seem adequately entrenched to endure well into the future.
Introduction - Raymond Wacks

Part 1: The Changing Legal and Constitutional Order

1. The Content of the Common Law in Hong Kong – Peter Wesley-Smith

2. The Development of Constitutionalism in Hong Kong – Benny Tai Yiu-ting

3. The Form and Substance of Legal Interaction Between Hong Kong and Mainland China: Towards Hong Kong's New Legal Sovereignty – H L Fu

4. Inter-Jurisdictional Co-operation in Criminal Matters: Extradition, Mutual Legal Assistance, Prisoner Transfer to and from the HKSAR – Janice Brabyn

5. The Central-HKSAR Legislative Relationship: A Constitutional Assessment – Li Yahong

6. Enforcement of Arbitral Awards Between Mainland China and Hong Kong: Before and After Reunification – Xian Chu Zhang

7. The Status of Customary International Law in the Municipal Law of the HKSAR – Jianming Shen

Part 2: The New Economic Order

8. Stock Market Crises and Insider Dealing in Hong Kong: The Need for Regulatory Reform – Katherine Lynch

9. Internationalisation of Public Financial Law in Hong Kong – Joseph J Norton & Douglas W Arner

10. Public Accountability and the Executive: The Role of the Government in the Stock Market – Anne Carver and John Whitman

11. Company Law in Hong Kong: Charting a New Course? – Anna Tam

12. Revenue Law in Hong Kong: The Future – Richard Cullen

13. Recent Reforms and Developments of Mainland Chinese and Hong Kong Maritime Law – Felix W H Chan

14. Hong Kong's Law of Contract: The Last Thirty Years – Judith Sihombing

15. Employment and Trade Union Law: Ideology and the Politics of Hong Kong Labour Law – Wilson W S Chow and Anne Carver

Part 3: Shifting Social Values

16. Confucian Legal Culture and Its Modern Fate – Albert H Y Chen

17. The Mapping of Narratives in Hong Kong's Post-Colonial Family Disputes – Anne S Y Cheung

18. Hong Kong Family Law in the Last Decade of British Rule: Towards a New Identity – Bart Rwezaura

19. Equal Opportunities: A New Field of Law for Hong Kong – Carole J Petersen

20. International Environmental Law: How Green Is the Future? – Roda Mushkat

21. Preserving the System: The Educational Dimension – Stephen Nathanson

Index
Raymond Wacks is Professor of Law and Legal Theory at the University of Hong Kong. He is an international authority on the legal protection of privacy, and has also published widely in the field of legal theory. Professor Wacks has edited several books on Hong Kong law and human rights. His recent books include Privacy and Press Freedom (1995). The fifth edition of his text, Jurisprudence will appear in early 2000.
"(B)y far the most comprehensive study of the post-1997 legal order I have come across, covering nearly all the subjects which the Basic Law touches upon... (I)t contains much insightful analysis of the historical development and future issues surrounding each topic... A very valuable contribution to scholarship... Far more importantly, there is no collection that comes close to such an array of good analysis on so many topics." – Anthony Neoh, SC, Visiting Professor, Peking University