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Paths of Justice
In Paths of Justice, Johannes Chan illuminates fundamental themes and basic values in Hong Kong’s legal system by using his own experience and drawing on interesting and important cases. The book explains and demystifies some of the most frequently asked questions about the law: How does a lawyer defend someone who is guilty? Does the law favour the rich and the resourceful? Is there a duty to obey the law in all circumstances? How can human rights and national security coexist in balance if their goals conflict in certain situations? How can fairness be reconciled with administrative efficacy? Is an abuse of freedom a justification for denying it? He also casts light on legal profession a...
Hong Kong's Constitutional Debate
This book explores legal and constitutional issues in Hong Kong's relationship with mainland China through an analysis of the litigation on the right of abode of the children of Hong Kong residents who are born and live in the mainland. The litigation in the Hong Kong courts and the subsequent interpretation by the Standing Committee of the National People's Congress were followed with keen interest both locally and internationally, and had provoked great controversy. The differing approaches to and styles of interpretation of the Court and the Standing Committee provide a vivid demonstration of the clash of legal systems within which Hong Kong's constitutional system has to operate. These issues are discussed in this book by Hong Kong's leading legal scholars and practitioners. This book offers perspectives to solve these controversies and to develop an acceptable approach to the interpretation of the Basic Law. It captures the sustained public debate on constitutional issues and provides a historical record of this constitutional debate. It also contains the full texts of the decision of the Court and the Interpretation by the Standing Committee.
Hybrid Constitutionalism
Examines the political dynamics of constitutional review in hybrid regimes in the context of China's Special Administrative Regions.
Human Rights in Turmoil
Are human rights gaining or losing ground? This question has become relevant after two decades of unprecedented progress in developing human rights standards and institutions. The political climate during the Cold War created many obstacles, but the fall of the Berlin Wall in 1989 and its aftermath during the following decade created a sense of promise and progress among human rights scholars and actors. Yet, today, actions, statements and initiatives questioning the legitimacy and validity of human rights, or even threatening their very existence, have become a regular part of current political realities, even in states traditionally dedicated to the rule of law. This would have been inconc...
New Trends of Political Participation in Hong Kong
This volume in 15 chapters serves as a useful overview of various significant aspects of the new trends of political participation in Hong Kong. Written by a team of experts who have been astute observers of Hong Kong Politics, the book covers a wide spectrum of topics ranging from a conventional understanding of political participation (e.g., the activities of political parties and interest groups) to a more specialized form of participation (e.g., the relationships between government and legislators in policy-making). The study of the rise of new social movements by the Post-80s generation would be of particular interest to those who are keen to comprehend the sharpening inter-generational differences. There will be a readership among academics and university students. This can also be a valuable reference for the media, policy-makers, or anyone interested in Hong Kong politics. This book is published by City University of Hong Kong Press. 香港城市大學出版社出版。
The Invisible Constitution in Comparative Perspective
Constitutions worldwide inevitably have 'invisible' features: they have silences and lacunae, unwritten or conventional underpinnings, and social and political dimensions not apparent to certain observers. This contributed volume will help its wide audience including scholars, students, and practitioners understand the dimensions to contemporary constitutions, and their role in the interpretation, legitimacy and stability of different constitutional systems.
Hong Kong Media Law
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.
The National Security Law of Hong Kong
The Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong SAR (the ‘NSL’) promises to be the most important legal development in Hong Kong since the advent of the Basic Law. Many wondered in the aftermath of the NSL how the foundations of Hong Kong’s system might be changed and in what way the freedoms valued by Hong Kong may be affected. Supporters view the law as essential for the preservation of public order and the national security of China and to support the fundamental well-being of “One Country, Two Systems”, an arrangement that has been in place since the return of Hong Kong to China. Critics fear an adverse impact on the spirit of “O...
Keeping Democracy at Bay
This thoroughly researched study provides an invaluable account of Hong Kong's political evolution from its founding as a British colony to the present. Exploring the interplay between colonial, capitalist, communist, and democratic forces in shaping Hong Kong's political institutions and culture, Suzanne Pepper offers a fresh perspective on the territory's development and a gripping account of the transition from British to Chinese rule. The author carries her narrative forward through the lives of significant figures, capturing the personalities and issues central to understanding Hong Kong's political history. Bringing a balanced view to her often contentious subject, she places Hong Kong's current partisan debates between democrats and their opponents within the context of China's ongoing search for a viable political form. The book considers Beijing's increasing intervention in local affairs and focuses on the challenge for Hong Kong's democratic reformers in an environment where ultimate political power resides with the communist-led mainland government and its appointees.
