hong kong basic law handbook

[55]:376 Since China has a written constitution and the Basic Law describes the relationship between Hong Kong and the central government unlike the colonial Letters Patent and the Royal Instructions, Chan questioned whether parliamentary supremacy fully applies in Hong Kong after 1997. The Hong Kong Basic Law Handbook (2nd Edition) - Academia.edu This page was processed by aws-apollo-l200 in, http://www.law.cuhk.edu.hk/en/people/info.php?id=20. Prominent authorities, such as Albert Chen, a professor, and Gladys Li, chairman of justice of the Hong Kong section of the International Commission of Jurists, feel that this situation has serious ramifications for judicial independence in Hong Kong. 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 THE BASIC LAW OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION OF THE PEOPLE'S REPUBLIC OF CHINA Adopted on 4 April 1990 by the Seventh National People's Congress of the People's Republic of China at its Third Session Preamble All rights reserved. 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. [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. C`4,0up || Please purchase directly from website OR send us order form. 37 3.1 International Dimension 37 3.2 Domestic Dimension 40 The current status quo is that Hong Kong will ask for the return of Hong Kong residents who have committed crimes in Hong Kong and are arrested in the mainland. [21], Except the Basic Law and the Constitution,[22]:124 national laws are not enforced in Hong Kong unless they are listed in Annex III and applied by local promulgation or legislation. Hong Kong residents[who?] [45]:633 The court reasoned that since Article 19 of the Basic Law did not expand its judicial powers and it had no power to review the validity of a sovereign act under colonial rule, it did not hold such power after the handover. It will consider possible uses of the ICESCR as a source of constitutional rights, as an aid to constitutional and statutory interpretation, and its potential influence on development of the common law. w>ea7c {u8wT{3@So2#h))M~^^W!bm31_n[!9_Kd;{=[\R a]uD0 (dD0D4$D1$A:mbp00%Aa+F)+ Vs4e_!!{a'0jX```),w h3pwg\+ Rule of Law Resilience: Comparative Perspectives from Macau, in Chinas National Security: Endangering Hong Kongs Rule of Law?, Cora Chan/ Fiona de Londras (eds. Instead, the CFA applies the "predominant test", in which the court asks which provision is predominantly the one needed to be interpreted in the present adjudication. Hong Kong: How is it run, and what is the Basic Law? - BBC News The Hong Kong government sought an interpretation from the NPCSC on 6 April 2005. [49]:408 Before interpreting the Basic Law, the NPCSC must consult its subcommittee, the Committee for the Basic Law of the Hong Kong Special Administrative Region. . Hong Kong Basic Law Article 46 - Wikipedia Natalie Wong covers Hong Kong politics, Hong Kong-mainland issues and social policies. Hong Kong's International Status from the Sino-British Joint Declaration to the Present. [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. The Basic Law is a constitutional document for the HKSAR. The Hong Kong Basic Law Handbook | Request PDF - ResearchGate DEFINITIVE GUIDE TO THE OPERATION OF THE BASIC LAW, Chapter 2 : Relationship between the Central Authorities and HKSAR, Chapter 3 : Fundamental Rights and Duties of the Residents, Chapter 6 : Education, Science, Culture, Sports, Religion, Labour and Social Services, Chapter 8 : Interpretation and Amendment of the Basic Law, Michael Ramsden, Associate Professor of Law, Chinese University of Hong Kong, Copyright 2010-2022 Professional Bookshop Ltd. All Rights Reserved, The Honourable Mr Justice Bokhary GBM, NPJ. The NPCSC had also interpreted the Basic Law twice on its own initiative, without being requested by any branch of government in Hong Kong. Article 23 requires Hong Kong to enact local national security laws that prohibit treason, secession, sedition, subversion against the central government, theft of state secrets and foreign organisations from conducting political activities in Hong Kong. 2023 OCLC Domestic and international trademarks and/or service marks of OCLC, Inc. and its affiliates. The specific requirements or preferences of your reviewing publisher, classroom teacher, institution or organization should be applied. 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. You can download the paper by clicking the button above. 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. The store will not work correctly in the case when cookies are disabled. A mainlander who commits a crime in Hong Kong and flees back to the mainland, however, will be tried in the mainland. Hong Kong Basic Law - Wikipedia Cant find your book? [8]:174. Achieving this goal requires consensus between the executive in Hong Kong, members of the Legislative Council in Hong Kong, and the legislative body of the People's Republic of China. 152 0 obj <>/Filter/FlateDecode/ID[<9CCA11F9790A7441AD40B74B02D6F2E9>]/Index[132 43]/Info 131 0 R/Length 105/Prev 425136/Root 133 0 R/Size 175/Type/XRef/W[1 3 1]>>stream Enter the email address you signed up with and we'll email you a reset link. This is a great bookstore and have had no problems with them and all my orders have come on time and in good condition. It also prescribes the various systems to be practised in the HKSAR. [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. Among other reasons, the court held that as a local court it had no power to review an act of a sovereign authority. The Basic Law also guarantees the welfare and benefits of civil servants. Cookie Settings. In 2003, the Hong Kong government tabled the National Security (Legislative Provisions) Bill 2003, which triggered widespread protest. A Study of Recent Development in the Grounds for Judicial Review: Where are we heading? Academia.edu no longer supports Internet Explorer. WorldCat is the worlds largest library catalog, helping you find library materials online. [10] 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. 132 0 obj <> endobj Easy transaction method, arrived sooner than expected. The proposed legislation gave more power to the police, such as not requiring a search warrant to search the home of a suspected terrorist. 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. 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. Hong Kong Company Law & Compliance Practical Toolkit (Basic Package Suggested Citation: Ramsden, Michael and Hargreaves, Stuart, Hong Kong Basic Law Handbook (December 24, 2015). Hong Kong Basic Law Handbook 3rd ed + Proview - Bloomsbury The Standing Committee of the National Peoples Congress adopted on 7 November 2016 an interpretation on the oath-taking provision of art 104 of the Basic Law of the Hong Kong Special Administrative Region. After Kong Yunming v Director of Social Welfare: The Status of Socioeconomic Rights in Hong Kong, 'Reviewing the United Kingdom's ICCPR Immigration Reservation in Hong Kong Courts', (2014) 63(03) International and Comparative Law Quarterly 635-663, Clutter and Cobwebs: How Administrative Tribunals in Hong Kong can learn from the UK, The Hong Kong Equal Opportunities Commission: Calling for a New Avatar, Leave Without Delay: The Requirement to Make Prompt Application for Leave to Apply for Judicial Review, Transforming fairness as a ground of judicial review in Hong Kong, Social Justice and Social Rights in Hong Kong: Recent Judicial Review Developments and Proposal for Legislative Change, Judicialising politics: A role for the courts in electoral reform in Hong Kong, Subnational Constitutionalism in The Sars of the People's Republic Of China. The Hong Kong Garrison of the People's Liberation Army began operating after the handover. Returns are easy to request, book or delivery complaints are taken seriously and the customer service team is friendly and patient. [48]:222 The courts construe the Basic Law's language to consider the provisions' context and purpose by finding its legislative intent;[48]:223224 the legislator's intent alone is not considered the legislative intent. 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. March 2011, Publisher: wide range of fields including Chinese law, comparative law, Hong Kong Basic Law, commercial law, environmental law, constitutional law, human rights, criminal justice, WTO law, law and technology, international trade and investment law, international economic law, as well as arbitration and alternative dispute resolution. The Hong Kong Court has nonetheless found NPCSC interpretations to have "supplementary legislative effects in a manner consistent with Chinese jurisprudence. However, the Hong Kong government, some Beijing figures[who?] Law Books (New Releases May 2022) - Hong Kong & International, Butterworths Hong Kong Immigration Law Handbook, 4th Edition, Commissions on Inquiry in Hong Kong (Hardcopy + e-book), Hong Kong Tax & Accounting Practical Toolkit (Basic Package), The Hong Kong Company Secretary's Handbook: Practice and Procedure (11th Edition), A Practical Guide to Resolving Shareholder Disputes, Bullen & Leake & Jacobs Precedents of Pleadings Hong Kong, 3rd Edition (Hard Copy + e-Book), Company Law in Hong Kong: Insolvency 2021 (Hardcopy + e-Book), Company Law in Hong Kong: Practice and Procedure 2021 (Hardcopy + e-Book), Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap.32): Commentary and Annotations (2020 Edition) (Hardcopy + e-Book), Documentary Evidence in Hong Kong, 2nd Edition (Hardcopy + e-Book), Law of Evidence in Hong Kong (Hardcopy + e-Book), Ordering from Professional Bookshop is fantastic, quick delivery great products, great customer service. When I need to have a return it is done very diligently. [43] As members of a Chinese delegation, government representatives can also engage in diplomatic negotiations and participate in international organisations and conferences that directly affect Hong Kong.[44]. Wildy & Sons Ltd The World's Legal Bookshop : Hong Kong The Basic Law provides the Hong Kong government limited power to engage in international affairs. Copyright 2001-2023 OCLC. [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]. It contains detailed analysis of key legal principles derived from the Basic Law, with citations and discussion of important cases. The Hong Kong Basic Law Handbook is the leading authority on judicial consideration of the Hong Kong Basic Law. I wanted to informed you that the customer service is excellent. JavaScript seems to be disabled in your browser. Skip to the beginning of the images gallery, Butterworths Hong Kong Securities Law Handbook - Seventh Edition, Butterworths Hong Kong Probate, Administration and Trustee Handbook Fifth Edition, Butterworths Hong Kong Employment Law Handbook Seventh Edition, Butterworths Hong Kong Alternative Dispute Resolution Handbook - Third Edition, Hong Kong Civil Court Practice Desk Edition 2023, Butterworths Hong Kong Bankruptcy Law Handbook - Seventh Edition, Equity and Trusts Law in Hong Kong Fifth Edition, Hong Kong Conveyancing Law - Ninth Edition, Butterworths Hong Kong Employees' Compensation Handbook Seventh Edition, Butterworths Hong Kong Probate, Administration and Trustee Handbook Fifth Edition, Butterworths Hong Kong Company Law (Winding Up and Miscellaneous Provisions) Handbook - Fifth Edition, View All books by

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