Hong Kong's new constitutional order : the resumption of Chinese sovereignty and the Basic Law / Yash Ghai.

Format:

Book

Author/Creator:

Ghai, Yash P., 1938-

Language:

English

Subjects (All):

Constitutional law--China--Hong Kong.

Constitutional law.

Constitutional history--China--Hong Kong.

Constitutional history.

Hong Kong (China)--Politics and government--1997-.

Hong Kong (China).

Hong Kong (China)--History--Transfer of Sovereignty from Great Britain, 1997.

Physical Description:

xix, 616 p.

Edition:

2nd ed.

Place of Publication:

Hong Kong : Hong Kong University Press, c1999.

Language Note:

English

Summary:

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.

Contents:

Frontmatter

Contents

Preface to the Second Edition

Preface to the First Edition

Abbreviations

Table of Cases

CHAPTER ONE The Acquisition of British Sovereignty Over Hong Kong

CHAPTER TWO The Resumption of Sovereignty

CHAPTER THREE China: The New Sovereign

CHAPTER FOUR Sovereignty and Autonomy: The Framework of the Basic Law

CHAPTER FIVE Interpretation of the Basic Law

CHAPTER SIX The Economic System

CHAPTER SEVEN The Political and Administrative System

CHAPTER EIGHT The Legal and Judicial System

CHAPTER NINE Sources of Law

CHAPTER TEN Rights, Freedoms and Social Policies

CHAPTER ELEVEN International Aspects of the HKSAR

CHAPTER TWELVE Reflections

APPENDIX ONE Treaty of Nanking 1842

APPENDIX TWO Convention of Peking 1860

APPENDIX THREE Convention of Peking 1898

APPENDIX FOUR Sino-British Joint Declaration 1984

APPENDIX FIVE Basic Law of the Hong Kong Special Administrative Region and Related NPC Decisions

APPENDIX SIX Decision on Previous Laws

References to the Sino-British Joint Declaration

References to the Basic Law

References and Bibliography

Index

Notes:

Bibliographic Level Mode of Issuance: Monograph

Includes bibliographical references (p. [581]-599) and index.

ISBN:

988-220-177-6