Judicial independence and the rule of law in Hong Kong / edited by Steve Tsang.

Format:

Book

Contributor:

Tsang, Steve Yui-Sang, 1959-

Series:

St. Antony's series

Language:

English

Subjects (All):

Rule of law--China--Hong Kong.

Rule of law.

Judicial power--China--Hong Kong.

Judicial power.

Due process of law--China--Hong Kong.

Due process of law.

China--Hong Kong.

Physical Description:

xvi, 208 pages ; 23 cm.

Place of Publication:

Houndmills, Basingstoke, Hampshire ; New York : Palgrave ; Oxford : In association with St. Antony's College, 2001.

Summary:

This book examines whether judicial independence and the rule of law can survive in Hong Kong under Chinese sovereignty. Contributors assess their protection under the Basic Law, the institutional and individual independence of the judiciary, and the maintenance of the due process and a free press. They also scrutinize the threats stemming from the need to accommodate national security and wider political concerns. These assessments are set in the context of a comparison with the early years of British rule and based on developments in the two years following the handover.

Contents:

1 Commitment to the Rule of Law and Judicial Independence / Steve Tsang 1

An uncertain beginning 2

Continuity and changes 12

2 The Rule of Law and Criminal Justice in the Nineteenth Century / Christopher Munn 19

The decline of the Supreme Court's criminal jurisdiction 21

Summary justice, preventive justice and state-created crime: the Magistracy 29

Alternative justice 33

Executive interference in sentences 39

Did the rule of law matter? 43

3 Judicial Independence under the Basic Law / Byron S.J. Weng 48

Judicial autonomy of the SAR 49

The principle of judicial independence 50

Application of the laws of the SAR 55

The interpretation of law and judicial review 58

Jurisdictions of the SAR courts 66

Pertinent international factors 67

The hypotheses 69

4 The National Security Factor: Putting Article 23 of the Basic Law in Perspective / Hualing Fu 73

National security and criminal law 74

The political context of Article 23 76

Crimes (Amendment) (No.2) Bill 1996 78

Official Secrets ordinance 80

Connection with foreign political organizations 82

National security 85

Keeping the common law tradition 87

Democratic conception of Article 23 88

The limits of Article 23 90

5 Individual and Institutional Independence of the Judiciary / Peter Wesley-Smith 99

Theory 99

The Basic Law 104

Appointment and removal of judges 108

Financial Security 111

The independence of non-regular judges 115

Institutional independence 120

Other aspects 123

6 Prospect for the Due Process under Chinese Sovereignty / Johannes Chan 132

Equality before the law 132

Who decides to prosecute? 137

Independence and impartiality of the judiciary 141

7 Freedom of the Press and the Rule of Law / Richard Cullen 157

Overview of the media in Hong Kong 158

The regulatory framework 161

The judiciary and the media 163

Prevailing influences 168

8 Prospects for the Rule of Law: the Political Dimension / Leo F. Goodstadt 180

The Hong Kong environment 181

Expectations and apprehensions 185

The Chinese environment 186

Defining the SAR's legal system 190.

Notes:

Includes bibliographical references and index.

ISBN:

0333930525

OCLC:

45100305