hb```f````a`Pn`b@ !+s| News Profs. 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. MCIArb, CEDR Accredited Mediator, +852 2179 7888
Were sorry, but WorldCat does not work without JavaScript enabled. 2019-07, 47 Pages
It replaced Hong Kong's colonial constitution of the Letters Patent and the Royal Instructions.[4]. The Hong Kong Basic Law Handbook is the leading authority on judicial consideration of the Hong Kong Basic Law. China Perspectives, No.
PDF Law on Safeguarding National Security in Hong Kong Hong Kong Basic Law Handbook continues to be the definitive work for anyone interested in understanding the operation of the Basic Law. This page was last edited on 10 May 2023, at 10:47. Student Handbook 2021-22 Juris Doctor (Note that the information given in this Handbook is accurate at the time of printing in August 2021. . The Hong Kong Basic Law Handbook, 2 nd .
PDF City University of Hong Kong School of Law Master of Laws in 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. [7]:11[6]:444, A Basic Law Consultative Committee (BLCC) consisting of Hong Kong community leaders was also established in 1985 to collect views in Hong Kong on the draft law. [20], Zhang Xiaoming has also said the Office of the National Security Commissioner is not subject to the restrictions in Article 22. Although not a formal constitutional requirement, any democratization efforts will also require popular buy-in from Hong Kong residents in order to function effectively. [35] Provisions of the International Covenant on Civil and Political Rights as applied to Hong Kong when the Basic Law came into effect were allowed to remain in force. [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]. Despite not being directly incorporated into domestic legislation, it will be argued that the ICESCR enjoys constitutional status under the Basic Law. Before joining the Post in 2019 as senior reporter, she worked for i-Cable News (HK), BBC Chinese (London . To learn more, visit
When I need to have a return it is done very diligently.
Were sorry, but WorldCat does not work without JavaScript enabled. The Hong Kong Basic Law enacted by the Chinese National People's Congress (NPC) in 1990, often known as Hong Kong's "mini-constitution", constitutionalizes OCTS, grants to the Hong Kong SAR a "high degree of autonomy", and provides for the progressive democratization of Hong Kong. endstream
endobj
startxref
[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. The NPCSC has identified Articles 1 and 12 as the fundamental provisions of the Basic Law.
Hong Kong: Statement by the Spokesperson on the changes to the District 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. 0
Parcourez la librairie en ligne la plus vaste au monde et commencez ds aujourd'hui votre lecture sur le Web, votre tablette, votre tlphone ou un lecteur d'e-books. [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]. 3, 2018: 3-7. *=~GI KeRb(FkN|:a(qTfY_t3\(xRj^Y5~Q|j:cr~9%ZgnR9BXhu{W778+Rg*7xoS:bPX!ldT0$K3Tf&uOd"r[Te)`KuXzXA2Xzd],CH@dq:g.fE?.Kb9[2BM3j>eP+bQ4bvK{}E6FpB,C/;l2jl"]:Y&SllnJ29*F
VrbeBz6]^O@&c&#U|y81jVr@I`DQQK. Its my first choice whenever i want to shop something. 3H!0"A X_:-&A$C.dP9DO]``.V8 7 p
]
They were so polite and nice. Aucun commentaire n'a t trouv aux emplacements habituels. Keywords: hongkong, law, constitutionallaw, constitutions, rights, china, commonlaw, basiclaw, interpretation, judicialconsideration, Suggested Citation:
It also prescribes the various systems to be practised in the HKSAR. This is a great bookstore and have had no problems with them and all my orders have come on time and in good condition. Michael RAMSDEN & Stuart HARGREAVES release second edition of the Hong Kong Basic Law Handbook Posted on 21 March, 2019 The Hong Kong Basic Law Handbook is the leading authority on judicial consideration of the Hong Kong Basic Law. I highly recommend this website to all my friends and colleagues. The Basic Law consists of: I have been using Professional Bookshop for a while now. [51]:3233 Provisions satisfying the classification condition are "excluded provisions", suggesting that they cannot be interpreted by the CFA. Basic principles The basic principles of Hong Kong's governance under Chinese sovereignty mirror those in the Sino-British Joint Declaration, and most of them are set out in the first chapter of the Basic Law. The second draft was published in February 1989, and the subsequent consultation period ended in October 1989. In cases of concurrent jurisdiction, the Central Government has demanded that the trial be held in the mainland. While reaction to the October disappearances was muted, as unexplained disappearances and lengthy extrajudicial detentions are known to occur in mainland China,[30] the unprecedented disappearance of a person from Hong Kong, and the bizarre events surrounding it, shocked the city and crystallised international concern over the possible abduction of Hong Kong citizens by Chinese public security bureau officials and their likely rendition, in violation of several articles of the Basic Law and the one country, two systems principle.
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. Short film and videos for the 30th Anniversary of the Promulgation of the Basic Law. Excellent packaging and the books received are in perfect condition! This article examines this trio of cases and claims that with the insistence or acquiescence of the appellate courts, no attempt was made to apply this Interpretation consistently with values underlying Hong Kongs common law-based legal system under the Basic Law. Prsentation de l'diteur : "Comprehensively revised and updated, this is the authoritative restatement of constitutional law in Hong Kong, offering article-by-article commentary on the key judicial and constitutional developments in Hong Kong. I found the books I needed and at a very low price. The interpretation was requested in the 2011 case of Democratic Republic of Congo v FG Hemisphere Associates LLC and it concerned the jurisdiction of Hong Kong courts over acts of state, among other matters.
Hong Kong Basic Law Handbook - Administrative / Constitutional Law - Law A number of significant developments in constitutional law have taken place since the publication of the first edition in 2015. Constitutional Law eJournal, Subscribe to this fee journal for more curated articles on this topic, Law & Society: Public Law - Constitutional Law eJournal, Law & Society: Public Law - Courts eJournal, Legal Anthropology: Laws & Constitutions eJournal, We use cookies to help provide and enhance our service and tailor content. I've been using Professional Bookshop since 2011 and they actually great, I always received great service and my book arrives on time. The Hong Kong Basic Law Handbook is the leading authority on judicial consideration of the Hong Kong Basic Law.
Most trusted site. The Basic Law provides the Hong Kong government limited power to engage in international affairs. Student Handbook 2021-2022 Master of Laws School of Law Student Handbook 2021-22 Master of Laws . 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. [31][32][33] The widespread suspicion that they were under detention in mainland China was later confirmed with apparently scripted video "confessions" and assurances by the men that they were remaining in China of their own accord.
Fast and quick service. In response, the Liaison Office said both itself and the Hong Kong and Macao Affairs Office are not subject to Article 22 because they were authorised by central authorities to specialize in handling Hong Kong affairs and not what are commonly meant by "departments under the Central Peoples Government". 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. Given Hong Kongs semi-democratic system under the one country, two systems rubric, it argues for a less traditional allocation of power between the different institutions of government and a more assertive judiciary vis--vis the legislature. %PDF-1.5
%
A mainlander who commits a crime in Hong Kong and flees back to the mainland, however, will be tried in the mainland. [12], Although the Basic Law was drafted to give effect to "One Country, Two Systems", on 10 June 2014, Beijing released a policy report asserting its authority over Hong Kong that started a conflict between "one country" and "two systems" by stating that the interests of China ("one country") should prevail over Hong Kong's constitutional autonomy ("two systems"). [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. Thoroughly revised for its second edition, the Handbook canvasses new developments in Hong Kongs 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 brought against the cessation of local jurisdiction over a portion of the Kowloon high speed rail terminal, and the issuance by the Standing Committee of an Interpretation of the Basic Law relating to the oath-taking requirements of legislative councillors. At least two of them disappeared while in mainland China, one while in Thailand. Thank you very much! The courts of Hong Kong are given the power to review acts of the executive or legislature and declare them invalid if they are inconsistent with the Basic Law. The International Journal of Human Rights. [14], The Basic Law guarantees Hong Kong a high degree of autonomy under Chinese rule, with the exception of foreign affairs and defence which remains the purview of the Central People's Government.[15]. endstream
endobj
136 0 obj
<>stream
Although the judgments of the Court of First Instance and the Court of Appeal in the Leung Yau proceedings had considered this Interpretation to be unquestionably binding, it was Mr Justice Thomas Aus judgments of 14 July 2017 disqualifying four more legislators from their offices and of 13 February 2018 dismissing Chan Ho Tins election petition, respectively, that it was sought to fuse this Interpretation into Hong Kongs judicial and legal processes. The article discusses the advantages of the courts in the process: primarily the capacity of the courts to reconstitutionalize political debate on electoral issues. Executive and legislative reactions to judicial declarations of constitutional invalidity in Hong Kong: Engagement, acceptance or avoidance? [50], Hong Kong courts may also interpret the Basic Law when adjudicating cases, when the provisions addressed are within Hong Kong's autonomy. 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.
Butterworths Hong Kong Competition Law Handbook - Second Edition Cant find your book? Albert Chen has described NPCSC interpretations as the "major cause of constitutional controversies" since the handover. [11] Hong Kong has a high degree of autonomy and maintains its own executive, legislative and judicial branches. The proposed legislation gave more power to the police, such as not requiring a search warrant to search the home of a suspected terrorist. Returns are easy to request, book or delivery complaints are taken seriously and the customer service team is friendly and patient. This article looks at the problems in the constitutional design of the Hong Kong Special Administrative Region that have resulted in this political deadlock. 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 (HKSAR). ISBN 9789888590445 Published April 2022 Sweet & Maxwell . 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. Instead, Hong Kong would continue its capitalist system and way of life until 2047. 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\+
Profs. Michael RAMSDEN and Stuart HARGREAVES have published the third Arbitrary or unlawful search of the body of any resident, deprivation or restriction of the freedom of the person are also prohibited. 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 [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. 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. A Study of Recent Development in the Grounds for Judicial Review: Where are we heading? 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. Article 22 states that "no department of the Central People's Government and no province, autonomous region, or municipality directly under the Central Government may interfere in the affairs which the Hong Kong Special Administrative Region administers on its own in accordance with this Law". 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. The NPCSC had also interpreted the Basic Law twice on its own initiative, without being requested by any branch of government in Hong Kong. The complete text is available to purchase here: https://bit.ly/2HIKM0H. 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 . Product description The Butterworths Hong Kong Competition Law Handbook (Second Edition) is a detailed work of reference concerning the Competition Ordinance (Cap 619).
Hong Kong Basic Law Article 46 - Wikipedia
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
Wildy & Sons Ltd The World's Legal Bookshop : Hong Kong The Basic Law can be interpreted by Hong Kong courts in the course of adjudication and by the Standing Committee of the National People's Congress (NPCSC). [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. Since coming into effect in 1997, when the China resumed sovereignty over this Special Administrative Region, Hong Kong's jurisprudence has been shaped by decisions touching upon diverse areas including the criminal process, fair hearings, property rights, human rights and even . d&*L}w_~4]3[sLfJW3l*=>;T 4#0mp1(p1 @;~ \Qu4Qq56G|}
4K15lub&,
lvtmuSX] 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 Basic Law also guarantees the welfare and benefits of civil servants. Hong Kong residents[who?] For details of the book, Read more [48]:223 Ambiguities are resolved by accounting for the principles and purposes stated in the Chinese Constitution and other materials. It states that Hong Kong "shall enact laws on its own to prohibit any act of treason, secession, sedition, subversion against the Central People's Government, or theft of state secrets, to prohibit foreign political organizations or bodies from conducting political activities in the Region, and to . Hong Kong's Basic Law sits above all laws of the territory and is unique and important to both Hong Kong and China. 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.
PDF The Constitution of The People'S Republic of China the Basic Law of The The five steps of initiating political reform by the HKSAR were no longer in force. Additionally, HKSAR authorities have ruled that Articles 6 and 7 of the PRC Criminal Code does not give Hong Kong sole jurisdiction in criminal matters, particularly when a crime is committed across provincial or SAR borders. In the NPCSC interpretation to the Basic Law adopted on April 6, 2004, the NPCSC stipulated the five steps of initiating political reform under Annexes I and II of the Basic Law:[58]. 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. 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. Hong Kong Basic Law Article 23 is an article in the Basic Law, the constitution of Hong Kong.
Hong Kong Basic Law Handbook (2nd edition) (Foreword, Preface, and Lo/~@`p9}jhWwEx` ~
OC`2p08|N2 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. I've been a loyal customer for over 5 years. As interpretations by the NPCSC are not retroactive,[47] an interpretation on the Basic Law does not affect cases that have already been adjudicated. JavaScript seems to be disabled in your browser. The Office for Safeguarding National Security was established in June 2020 under the Hong Kong National Security Law. 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. "Twenty years after the handover: Hong Kong's political and social transformation and its future under China's rule" [online]. The Basic Law was promulgated on 4 April 1990 by the National People's Congress, together with the designs for the Regional Flag and Regional Emblem of the HKSAR. The "one country, two systems" principle is enshrined in a document called the Basic Law - Hong Kong's mini constitution. Rather, faithful transcription and patriotic administration had been engaged in. [26] The effectiveness of Chinese law inside Hong Kong territory was challenged in the same year in the Court of First Instance. *** SOLD OUT, cannot supply. Edited by: Michael Ramsden, Stuart Hargreaves. It was created from an agreement between .
Hong Kong Basic Law handbook - WorldCat.org Albert H. Y. Chen The University of Hong Kong - Faculty of Law Date Written: December 1, 2022 Abstract This chapter discusses the history of the drafting and implementation of the Basic Law. Copyright 2001-2023 OCLC. Easy transaction method, arrived sooner than expected. What is Hong Kong's Basic Law? Webinar in Commemoration of the 30th Anniversary of the Promulgation of the Basic Law. Please purchase directly from website OR send us order form. In 2018, the Hong Kong West Kowloon station of the GuangzhouShenzhenHong Kong Express Rail Link was completed to include a section where mainland Chinese officials are allowed to exercise Chinese laws, an arrangement that intended to reduce the time needed for immigration. [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. The government imposed a pay-cut on the Civil Service during the economic downturn, and then sharply increased salaries during the recovery.
Formats and Editions of Hong Kong Basic Law handbook [WorldCat.org] Hong Kong Basic Law Article 45 ( Chinese: ) is an article in the Basic Law of Hong Kong. Article 107 stated the SAR Government should follow the principle of keeping the expenditure within the limits of revenues in drawing up its budget. [24], As of June 2020, Annex III includes laws on the designation of capital, national flag and anthem, territorial claims, nationality, diplomatic privileges and immunity, garrisoning of the People's Liberation Army and crimes involving national security. Copyright 2001-2023 OCLC. To learn more, visit
the NPCSC approve and file for record amendments to Annexes I and II. [40], In 2014, the 31 August Decision by the NPCSC stated that starting from 2017, the selection of the Chief Executive may be implemented by universal suffrage upon nomination of candidates by a broadly representative committee and subject to appointment by the Central People's Government. 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 . Hong Kong's Basic Law sits above all laws of the territory and is unique and important to both Hong Kong and China. [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.
[10] [3]: 91 [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. Buying books in Professional Bookshop is so easy, great and reliable. The Hong Kong Court has nonetheless found NPCSC interpretations to have "supplementary legislative effects in a manner consistent with Chinese jurisprudence.
Hong Kong Basic Law Handbook 3rd ed + Proview - Bloomsbury [6]:444 The committee was responsible for writing the draft Basic Law. %%EOF
The NPCSC ruled on 27 April 2005 that the Annex I of the Basic Law requires that if any Chief Executive should resign on or before 2007, the new Chief Executive should serve out the remainder of his predecessor's term.
Best Playgrounds In Washington State,
Waterfall Property For Sale Pennsylvania,
Midwest Aces Basketball,
Articles H