The cover of the Basic Law, published by the, Zhngha Rnmn Gnghgu Xinggng Tbi Xngzhngq Jbnf, Jng wh yhn mhn guhn gwh gwok Hung gng dahk biht hhng jing kui gi bn faat, Zung1 waa4 jan4 man4 gung6 wo4 gwok3 Hoeng1 gong2 dak6 bit6 hang4 zing3 keoi1 gei1 bun2 faat3. Please enable JavaScript on your browser. Hong Kong's Basic Law sits above all laws of the territory and is unique and important to both Hong Kong and China. Hong Kong Basic Law Handbook - Google Books _{W _ ?w@{An> ~~- UfP#]d4l/Jp'v'W Kp8 I've been using Professional Bookshop since 2011 and they actually great, I always received great service and my book arrives on time. The Office of the Commissioner of the Ministry of Foreign Affairs was established under Article 13 of the Basic Law and began operating after the handover. Product description The Butterworths Hong Kong Competition Law Handbook (Second Edition) is a detailed work of reference concerning the Competition Ordinance (Cap 619). Short film and videos for the 30th Anniversary of the Promulgation of the Basic Law. This page was processed by aws-apollo-l200 in, http://www.law.cuhk.edu.hk/en/people/info.php?id=20. [12] The common law, rules of equity, ordinances, subsidiary legislation and customary law that govern certain land rights in the New Territories that were in force before the handover are maintained, except for any that contravene the Basic Law and subject to any amendment by the legislature.[12]. Edited by: Michael Ramsden, Stuart Hargreaves. Hong Kong Basic Law Handbook 3rd ed. A mainlander who commits a crime in Hong Kong and flees back to the mainland, however, will be tried in the mainland. The International Journal of Human Rights. Hong Kong Basic Law Handbook (2nd edition), Sweet & Maxwell, Hong Kong: 2019; ISBN 978 962 66196 0 5, The Chinese University of Hong Kong Faculty of Law Research Paper No. Lo/~@`p9}jhWwEx` ~ OC`2p08|N2 Executive and legislative reactions to judicial declarations of constitutional invalidity in Hong Kong: Engagement, acceptance or avoidance? Amendments should then be reported to the NPCSC for approval or for the record. Aucun commentaire n'a t trouv aux emplacements habituels. Butterworths Hong Kong Competition Law Handbook - Second Edition The first stage concerns the "classification condition", which is satisfied if the provision to be interpreted concerns either affairs within the responsibility of the Central People's Government or the relationship between the Central Authorities and Hong Kong. Though Hong Kong is a part of China it operates. I am very impressed with customer service and delivery. On 4 June 1989, the BLDC's only two members representing the nascent pro-democracy camp, Martin Lee and Szeto Wah, declared that they would suspend their participation after the military crackdown of the Tiananmen Square protests of 1989. Hong Kong residents have, among other things, freedom of speech, freedom of the press and of publication; freedom of association, freedom of assembly, freedom of procession, of demonstration, of communication, of movement, of conscience, of religious belief, and of marriage; and the right and freedom to form and join trade unions, and to strike. [45]:633 While Justice Gerald Nazareth agreed with the majority decision, he questioned whether the constitutional order of China and that of the United Kingdom were analogous. [41] It went on to state that such a person must love the country and love Hong Kong and that safeguards for this purpose should be provided for by the specific method of universal suffrage, without specifying what the safeguards were to be. Thoroughly revised for its second edition, the Handbook canvasses new developments in Hong Kong's constitutional law including the addition of a fourth step in the proportionality test, the recognition of an overseas same-sex marriage for the purposes of a visa, a judicial review . [50], Hong Kong courts may also interpret the Basic Law when adjudicating cases, when the provisions addressed are within Hong Kong's autonomy. wide range of fields including Chinese law, comparative law, Hong Kong Basic Law, commercial law, environmental law, constitutional law, human rights, Publication Date: Interpretation of the term of the Chief Executive became a part of a legal dispute in 2005 after the resignation of then- Hong Kong Chief Executive , Tung Chee-Hwa . PDF The Constitution of The People'S Republic of China the Basic Law of The 174 0 obj <>stream The term of the Chief Executive after their predecessor resigns was a question that emerged after Tung Chee-hwa resigned on 10 March 2005. This book traverses each Article of the Basic Law with annotations and commentary, distilling the essence of judicial and legal authority in an accessible format. They were so polite and nice. The judgments expose a probable conflict in judicial duty which, if not resolved properly, might undo the constitutional jurisprudence the HKSAR courts have constructed since their establishment. This article will examine the extent to which the International Covenant on Economic, Social and Cultural Rights (ICESCR) should play a role in the adjudication of public law disputes in Hong Kong. Included are useful appendices on cases: (a) declaring legislation unconstitutional; (b) suspending declaration of unconstitutionality; and (c) cited from other jurisdictions. Since Hong Kong's legal system is separate from that of mainland China, its courts are bound to adopt the common law approach to interpretation. You must have JavaScript enabled in your browser to utilize the functionality of this website. Most trusted site. [3]:91, The Basic Law was enacted under the Constitution of China when it was adopted by the National People's Congress on 4 April 1990 and came into effect on 1 July 1997 when Hong Kong was transferred from the United Kingdom to China. Comprehensively revised and updated, the Hong Kong Basic Law Handbook is the authoritative restatement of constitutional law in Hong Kong. It enables the reader to form an advanced, nuanced understanding of the Basic Laws provisions whilst offering a focal point for undertaking Basic Law-related research. The article discusses the advantages of the courts in the process: primarily the capacity of the courts to reconstitutionalize political debate on electoral issues. The second was issued in November 2016 on the substantive requirements of lawful oaths and affirmations as stipulated in Article 104 of the Basic Law. They have a wide range of accounting book with competent prices. The Hong Kong Basic Law Handbook is the leading authority on judicial consideration of the Hong Kong Basic Law. To learn more, visit 37 3.1 International Dimension 37 3.2 Domestic Dimension 40 [51]:28 Yet, the courts treat the Basic Law as a "living instrument" that adapts to changing needs and circumstances. It replaced Hong Kong's colonial constitution of the Letters Patent and the Royal Instructions.[4]. 2023 OCLC Domestic and international trademarks and/or service marks of OCLC, Inc. and its affiliates. [23]:para. It is just so easy to find what you are always looking for and sometimes you can even find it up to 80% off what you would in the normal store. [51]:3233 Provisions satisfying the classification condition are "excluded provisions", suggesting that they cannot be interpreted by the CFA. Hong Kong Basic Law Handbook continues to be the definitive work for anyone interested in understanding the operation of the Basic Law. Article 5 requires that the socialist system and policies to not be practised in Hong Kong and the capitalist system and way of life before the handover remain for 50 years after the handover, or 2047. Hong Kong Basic Law Article 23 is an article in the Basic Law, the constitution of Hong Kong. 3, 2018: 3-7. Hong Kong Basic Law handbook | WorldCat.org %PDF-1.5 % The legal community and the pro-democracy camp said the term of the new Chief Executive should be five years, according to Article 46. You can download the paper by clicking the button above. The government imposed a pay-cut on the Civil Service during the economic downturn, and then sharply increased salaries during the recovery. This article examines the deferential approach to judicial review of the legislative process as adopted by the Court of Final Appeal in Leung Kwok Hung v The President of Hong Kong Legislative Council. Similarly, the NPCSC's interpretive power could be used to modify a nearly unrestricted range of local laws without recourse by either the HKSAR courts or Government.[57]. A Study of Recent Development in the Grounds for Judicial Review: Where are we heading? English; Displaying Editions 1 - 7 out of 7: Select All: Clear All: Save to: Title / Author Type Language . The specific requirements or preferences of your reviewing publisher, classroom teacher, institution or organization should be applied. With 66 articles, the Law has six chapters, namely general principles; the duties and the Government bodies of the HKSAR for safeguarding national security; offences and penalties; jurisdiction, applicable law and procedure; office for safeguarding national security of the CPG in the HKSAR; and supplementary provisions. [47] Hong Kong courts can also interpret provisions on matters the Central People's Government is responsible for or those related to the relationship between the Central government and Hong Kong, provided that the case is being heard by the CFA, that the interpretation will affect the judgments of the case, and that the CFA has sought a binding NPCSC interpretation on the matter. Comparative Constitutional Law Research Forum - The Chinese University [1][2] Comprising nine chapters, 160 articles and three annexes, the Basic Law was composed to implement Annex I of the 1984 Sino-British Joint Declaration. [55]:377, In the Ng Ka Ling case, the CFA tried to assert it has powers to review acts of the National People's Congress (NPC) or the NPCSC to determine whether they are consistent with the Basic Law. Suggested Citation: The Law and Politics of Constitutional Reform and - SSRN Copyright 2001-2023 OCLC. Professional Bookshop is amazing! Comprehensively revised and updated, the Hong Kong Basic Law Handbook is the authoritative restatement of constitutional law in Hong Kong. Hong Kong Basic Law Handbook (2nd edition), Sweet & Maxwell, Hong Kong: 2019; ISBN 978 962 66196 0 5, The Chinese University of Hong Kong Faculty of Law Research Paper No. [39], Whether the 2007 Chief Executive election and the 2008 Legislative Council elections could be performed by universal suffrage was determined on 26 April 2004, when the NPCSC ruled out the possibility as it deemed Hong Kong not mature enough for such elections. Constitutional Law eJournal, Subscribe to this fee journal for more curated articles on this topic, We use cookies to help provide and enhance our service and tailor content. [51]:3031, Hong Kong courts use the purposive approach to interpret the Basic Law. Hong Kong residents are equal before the law. "RT @NabilaEUspox: The EU recalls #China's international commitments under the Hong Kong Basic Law to provide for greater democratic represe" This page was processed by aws-apollo-l200 in 0.141 seconds, Using these links will ensure access to this page indefinitely. >5Vm It enshrines within a legal document the important concepts of 'one country, two systems', 'Hong Kong People administering Hong Kong' and a high degree of autonomy. 0 PDF Full Text of Introduction to HK Basic Law - University of Hong Kong In June 1985, the Standing Committee of the National People's Congress (NPCSC) approved the membership of the BLDC, which consisted of 36 members from China and 23 members from Hong Kong,[6]:444 chaired by Chinese diplomat Ji Pengfei. Thank you very much! It considers possible reasons for the high failure rate in courts and proposes alternative litigation strategies that can better utilize the position of the courts to reorient all parties to the Basic Law.
Lawrence County, Al Property Tax Maps,
Catholic Churches Summerville, Sc,
Milton, Ga City Council Meeting,
Articles H
