The Hong Kong Bill of Rights


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WILSON.










The Hong Kong Bill of Rights


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Hong Kong's New Constitutional Order


Book Description

This is the first systematic analysis of the constitutional, legal, economic, social and political systems of Hong Kong as a special administrative region of China. It examines the Basic Law against its historical and socio-economic contexts, including its international and domestic foundations, and the loss and the resumption of sovereignty by China. The author offers a conceptualization of the Basic Law and locates it within China's constitutional, political and legal systems. The book explores the balance as well as the tensions between the autonomy of Hong Kong and the sovereignty of China, which are aggravated by the necessity to accommodate contrasting economic and political systems. It also identifies key legal and political problems that are likely to arise in implementing the Basic Law and suggests an approach to its interpretation. The Basic Law provides a fascinating example of the interaction of widely different traditions of law, politics and economy, and a novel system of autonomy. Its study is therefore of great interest to scholars of comparative law and politics. This new edition covers significant political, constitutional and legal developments since the transfer of sovereignty in July 1997.







Hong King's Bill of Rights


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Re-ordering Hong Kong


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The promulgation of the Hong Kong Bill of Rights Ordinance ("HKBORO") denotes a change in British decolonisation policy from that which prevailed in the 1950s and 1960s - the protection of minorities through a Bill of Rights. The HKBORO is uniquely interesting. The decision to incorporate it into Hong Kong law was political, and aimed at restoring the confidence of the Hong Kong people following the suppression of the Tiananmen democratic movement in Beijing in 1989. In addition, Hong Kong was the only Crown colony to entrench the International Covenant on Civil and Political Rights indirectly in a constitutional document -- in the case of Hong Kong, the Letters Patent, the constitution for Hong Kong before 1997. This incorporation and entrenchment was intended to ensure that the HKBORO continued in force under the Basic Law of the Hong Kong SAR, the "mini-constitution" after 1997. The author suggests that Hong Kong provides a successful model for the courts in other common law jurisdiction in their efforts to incorporate international human rights jurisprudence into decision-making in the criminal law field.







Hong Kong's Bill of Rights


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