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Ever since it was first known that Hong Kong would become China's "Special Administrative Region", there has been growing concern over the protection of the freedom of the press in this oriental city. The anxiety is, however, not confined to the fear that the new sovereign might rule Hong Kong under an iron fist. Rather, many believe that the locals are apparently surrendering their freedom by practicing self-censorship, a mechanism of anticipatory avoidance of sanctions. This book asks: what does self-censorship mean to Hong Kong at the time of political and historical juncture? It argues that self-censorship is a strategic game of coordination when both the ruler and the subjects are making use of the fluid boundaries in local and international politics. Rich in anecdotes, historical details and legal analysis, this book depicts the game of Chuin shadow-boxing where promises, threats and bluffs are exchanged. Winning, for either side, calls for the skilful manipulation of voice and silence at all levels.
Proportionality is a German, and thus continental European, concept in public law that is applied by both the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The principle specifies that measures adopted by executive authorities should not exceed the limits of what is appropriate and necessary in order to achieve legitimate objectives in the interest of the public. Using a functional comparative approach, this book evaluates the extent to which proportionality has been integrated into the English and Hong Kong judicial systems by comparing case law in these courts with that of the CJEU and the ECtHR. The text also reviews the development of proportionality and presents a topical understanding of why its adoption and application have encountered difficulties, particularly regarding socio-economic rights, in some jurisdictions, such as the United Kingdom and Hong Kong. Written by a scholar with experience from both within the Hong Kong judicial system and from international research, this book is the first all-encompassing reference for legal practitioners worldwide.
Rule of law, one of the pillars of the modern world, has emerged in Western liberal democracies. This book considers how rule of law is viewed and implemented in the different cultural, economic and political context of Asia.
This book examines the relationship between law and China's economic and human development. It explores the development of the Chinese legal system both from China's historical perspective considering the specific political and socioeconomic factors that are shaping Chinese law and from a comparative perspective, exploring the interaction between China and the rest of the world. It considers the both the linkages between the formal law and China's economic development, and issues of law, human rights, and social justice as they relate to economic and human development.
A critical evaluation of the latest reform in Chinese law that engages legal scholarship with research of Chinese legal historians.
Uses archival sources to examine censorship in British Hong Kong and challenge congratulatory histories of the British legal regime.
Hong Kong is one of the very few places in the world where the common law can be practiced in a language other than English. Introduced into the courtroom over a decade ago, Cantonese has significantly altered the everyday working of the common law in China's most Westernized city. In The Common Law in Two Voices, Ng explores how English and Cantonese respectively reinforce and undermine the practice of legal formalism. This first-ever ethnographic study of Hong Kong's unique legal system in the midst of social and political transition, this book provides important insights into the social nature of language and the work of institutions. Ng contends that the dilemma of legal bilingualism in Hong Kong is emblematic of the inherent tensions of postcolonial Hong Kong. Through the legal dramas presented in the book, readers will get a fresh look at the former British colony that is now searching for its identity within a powerful China.
This book explores the challenges to news professionalism and media autonomy stemming from the state, market pressure, the digitalization of communication, and a polarized civil society in Hong Kong. China is tightening its control over post-handover Hong Kong, which includes press freedom. Harsh market competition, coupled with shifting readership from mainstream media to digital platforms, is squeezing the business viability of media organizations. The polarization of civil society in post-handover Hong Kong had degraded consensual values upon which news professionalism relies. Journalists have had to reorient news professionalism and media power in the midst of state-society tension, market pressure, and the shifting communication mode driven by digitalization. These are the key questions for Hong Kong media. This dynamic intervention will be of interest to journalists, scholars of civil society, and scholars of Asian politics.
This thoroughly updated second edition presents a comprehensive legal perspective on the inherently interdisciplinary field of children's rights. Chapters provide an article-by-article analysis of the Convention on the Rights of the Child, including its Optional Protocols, as well as contextualised advice on the interpretation and implementation of its provisions.
This second edition of Hong Kong Media Law is an authoritative guide to the laws most important to reporters, editors, news executives and other professionals working for the print, online and broadcast media—and the lawyers who advise them. Topics include defamation, court reporting, privacy, access to information, copyright, newsgathering and reporting restrictions. The book also examines legal hurdles Hong Kong and international journalists face while reporting on the mainland of the People’s Republic of China. Also featured are chapter FAQs and checklists, a glossary of legal terms, a research guide and key legislation texts.