hong kong basic law handbook

hb```f````a`Pn`b@ !+s| The article will then look at one solution to mitigate the effect of these design issues and to move forward again on the issue of reform: 'litigating' the democratic constitution in the courts. Natalie Wong covers Hong Kong politics, Hong Kong-mainland issues and social policies. What is Hong Kong's Basic Law? The Government of Hong Kong sought two NPCSC interpretations on Basic Law provisions regarding the right of abode and the term of office of a new Chief Executive after his predecessor has resigned before the end of his term, in 1999 and 2005 respectively. In May 2020, the National People's Congress announced that the NPCSC would enact a national security law tailored for Hong Kong in response to the 201920 Hong Kong protests. During the economic downturn after 1997, there was a growing fiscal deficit (and, in 2007/08 a record surplus). At least two of them disappeared while in mainland China, one while in Thailand. Routledge Handbook of Constitutional Law in Greater China This project seeks to provide a comprehensive survey of history, concepts, process, institutions, and current issues of constitutional law in Mainland China, Hong Kong, Macau, and Taiwan; and critically discuss leading views on these issues. The Hong Kong Basic Law Handbook is the authoritative restatement of constitutional law in Hong Kong. The NPCSC has identified Articles 1 and 12 as the fundamental provisions of the Basic Law. 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. [20], Zhang Xiaoming has also said the Office of the National Security Commissioner is not subject to the restrictions in Article 22. 2016-03, Available at SSRN: If you need immediate assistance, call 877-SSRNHelp (877 777 6435) in the United States, or +1 212 448 2500 outside of the United States, 8:30AM to 6:00PM U.S. Eastern, Monday - Friday. Most trusted site. [56], It might be argued that interpretations of the Basic Law by the Standing Committee of the National People's Congress are effectively amendments to the Basic Law. Excellent packaging and the books received are in perfect condition! After the demonstrations and the withdrawal by the Liberal Party of their support for the bill, the government shelved the bill indefinitely. WorldCat is the worlds largest library catalog, helping you find library materials online. You must have JavaScript enabled in your browser to utilize the functionality of this website. Suggested Citation, 6/F, Lee Shau Kee BuildingShatin, New TerritoriesKowloon, Sha TinHong Kong, 6F Lee Shau Kee BuildingShatin, New TerritoriesShatin, New TerritoriesHong Kong, HOME PAGE: http://www.law.cuhk.edu.hk/en/people/info.php?id=20, The Chinese University of Hong Kong Faculty of Law Research Paper Series, Subscribe to this free journal for more curated articles on this topic, Comparative & Non-U.S. Out of Joint? [36], Article 45 stipulates that the Chief Executive shall be selected by election or through local consultations and be appointed by the Central People's Government, with the ultimate aim of selection by universal suffrage upon nomination by a representative committee under democratic procedures. >5Vm 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 . A number of significant developments in constitutional law have taken place since the publication of the first edition in 2015 and second edition in 2019. . Hong Kong's Basic Law sits above all laws of the territory and is unique and important to both Hong Kong and China. Suggested Citation: PROF. STUART HARGREAVES - The Chinese University of Hong Kong Comprehensively revised and updated, the Hong Kong Basic Law Handbook is the authoritative restatement of constitutional law in Hong Kong. According to Article 158(1), the NPCSC has the power of final interpretation. The Basic Law consists of: Hong Kong's International Status from the Sino-British Joint Declaration to the Present. They have a wide range of accounting book with competent prices. [28] While the most parts of the ICCPR is ratified as the Hong Kong Bill of Rights Ordinance in largely identical language,[29]:527 no equivalent legislation was made to implement the ICESCR. [45] As of 7 November 2016, the NPCSC has interpreted the Basic Law on five occasions: Of the five interpretations to date, only one interpretation was sought by the Court of Final Appeal (CFA). JavaScript seems to be disabled in your browser. Hong Kong Basic Law Handbook continues to be the definitive work for anyone interested in understanding the operation of the Basic Law. [27] The court ruled that the Basic Law is a flexible constitution and as such can be interpreted for the needs of economic integration; the arrangement of having mainland Chinese laws in Hong Kong for the purposes of customs, immigration and quarantine does not contravene the "one country, two systems" principle. [54]:352353 Johannes Chan commented that the lack of judicial review power to review acts of Parliament reflected parliamentary supremacy, a doctrine borne out of unwritten constitutional systems. Note: Citations are based on reference standards. This page was last edited on 10 May 2023, at 10:47. 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. The chapter sets out the themes of the book, how they have been addressed in the book, and my findings on them. Permanent residents of the Hong Kong Special Administrative Region have the right to vote and stand for election in accordance with the Basic Law. It traces the origins of the Basic Law to the Sino-British Joint Declaration (1984), in which the concept of "One Country, Two Systems" (OCTS) was codified. The book is based on my PhD thesis, with expansions to cover comprehensively the chronological development of Hong Kong's constitutional jurisprudence since 1997 and in depth the more recent Court of Final Appeal judgments. PDF School of Law Student Handbook - City University of Hong Kong Under the name "Hong Kong, China", the Hong Kong government can enter into bilateral agreements with non-Chinese regions and international organisations related to certain fields, including commerce, trade, communications, culture, tourism and sports. [3]: 91 The proposed legislation gave more power to the police, such as not requiring a search warrant to search the home of a suspected terrorist. He also holds a JD from Osgoode Hall Law School and a BA in politics & sociology from McGill University. PDF The Hong Kong Basic Law Handbook (2 edition) - ResearchGate The History of the Drafting and Implementation of the Basic Law of the When the court needs to refer to an excluded provision to construe a non-excluded provision, the CFA is not required to request an NPCSC interpretation on the excluded provision. (9am to 5:30PM GMT +8), Monday-Friday. Barrister-at-law (England and Hong Kong) Hong Kong Basic Law Article 23 is an article in the Basic Law, the constitution of Hong Kong. WorldCat is the worlds largest library catalog, helping you find library materials online. Cant find your book? Ramsden, Michael and Hargreaves, Stuart, Hong Kong Basic Law Handbook (2nd edition) (Foreword, Preface, and Table of Contents) (2019). Hong Kong's Basic Law sits above all laws of the territory and is unique and important to both Hong Kong and China. The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China is a national law of China that serves as the organic law for the Hong Kong Special Administrative Region . This article evaluates the largely unsuccessful use of the courts thus far by Hong Kong residents to correct and advance political reform. [51]:28 Yet, the courts treat the Basic Law as a "living instrument" that adapts to changing needs and circumstances. Oo7<=TX|rCpgdohTU`B83 BP5~Vx$D`/'^5J}W$~x ;0B"PYh=G(H@;9:cPlW4R;gt,Be+LS q!UUJykQSuQQh $@pLcVlp0NhxW"@HcP,#Oc1}I8I7%;Prl Rx!j&ya3Jj*I0V-_,>r=pa8J&* Thank you very much! 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 . I highly recommend this website to all my friends and colleagues. All rights reserved. Rather, faithful transcription and patriotic administration had been engaged in. [51]:33 The second test concerns whether the "necessity condition" is satisfied. Hong Kong Basic Law handbook Authors: Michael Ramsden (Editor), Stuart Hargreaves (Editor) Print Book, English, 2022 Edition: Third edition View all formats and editions Publisher: Thomson Reuters Hong Kong Limited trading as Sweet & Maxwell, Hong Kong, 2022 Show more information Find a Copy at a Library Filter by: Any format Any edition Please buy the coming 2nd Edition *** Comprehensively revised and updated, this is the authoritative restatement of constitutional law in Hong Kon the NPCSC approve and file for record amendments to Annexes I and II. Shortly after the SinoBritish Joint Declaration was signed, the National People's Congress set up the Basic Law Drafting Committee (BLDC) in 1985, setting the basis of the transfer of sovereignty in Hong Kong from the United Kingdom to China. The information contained in this booklet has no legal status, and is made available for information only and should not be relied on as an official [5] The Basic Law also sets out the sources of law, the relationship between Hong Kong and the Central Government (State Council), the fundamental rights and duties of Hong Kong residents and the branches of local government. *jUTCu1u,*~8:3PUUV\H*r`+W5`Gp [17] Pro-democratic legislators said the offices violated Article 22 by commenting on the election of a chairperson in the local legislature. 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. The Basic Law of Hong Kong proposes the eventual election of the Legislative Council and Chief Executive of Hong Kong by some form of universal suffrage. hyp$UWABnlKx}F&nv ,yINw p_exPP%^UPP" Fast and quick service. EU Delegation to China on Twitter Student Handbook 2021-2022 Master of Laws . [41] The reform proposal encompassing this and other changes was rejected by the Legislative Council on June 18, 2015, after an ill-timed walk-out by many pro-establishment legislators.[42]. 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.
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