Hong Kong's constitutional debate : conflict over interpretation / edited by Johnnes M.M. Chan, H.L. Fu, and Yash Ghai.

Format:

Book

Contributor:

Chen, Wenmin.

Fu, H. L.

Ghai, Yash P., 1938-

Series:

HKU Press law series.

The HKU Press law series

Language:

English

Subjects (All):

Constitutional law--China--Hong Kong.

Constitutional law.

Domicile--China--Hong Kong.

Domicile.

Children of immigrants--Legal status, laws, etc--China--Hong Kong.

Children of immigrants.

Physical Description:

1 online resource (549 p.)

Place of Publication:

Hong Kong : Hong Kong University Press, c2000.

Language Note:

English

Summary:

This book explores legal and constitutional issues in Hong Kong's relationship with mainland China through an analysis of the litigation on the right of abode of the children of Hong Kong residents who are born and live in the mainland.

Contents:

Contents; Preface; Acknowledgements; Contributors; Part 1 Academic Analysis; Litigating the Basic Law:Jurisdiction, Interpretation and Procedure; Why the Court ofFinal Appeal Was Wrong:Comments of the Mainland Scholars on theJudgment of the Court of Final Appeal; Judicial Independence:A Reply to the Comments of the Mainland LegalExperts on the Constitutional Jurisdiction of the Court of Final Appeal; The Court of Final Appeal's Ruling in the'Illegal Migrant' Children Case:Congressional Supremacy and Judicial Review; Supremacy of a Different Kind:The Constitution, the NPC and the Hong Kong SAR

The Court of Final Appeal's Ruling in the'Illegal Migrant' Children Case:A Critical Commentary on the Application ofArticle 158 of the Basic LawThe Reference to the Standing Committeeof the National People's Congress underArticle 158 of the Basic Law:The Question of Methodology; The Proper Law for the Conflictbetween the Basic Law andOther Legislative Acts of the National People's Congress; What the Court of Final Appeal Has NotClarified in Its Clarification:Jurisdiction and Amicus Intervention; Interpretation of Law by theStanding Committee of theNational People's Congress

The NPC Interpretation andIts ConsequencesPart 2 Public Debate; Reaction to the CEA Decision; Reaction to the Clarification; Impact Assessment of the Government; Impact Assessment of the Government; Part 3 Cases and Documents; Ng Ka Ling and Others v Director of Immigration [1999] 1 HKLRD 315; Ng Ka Ling and Others v Director of Immigration (No 2) [1999] 1 HKLRD 577; Chan Kam Nga and Others v Director of Immigration [1999] 1 HKLRD 304; The Chief Executive's Report to the State Council Concerning the Right of Abode

The Interpretation by the Standing Committee of the National People's Congress of Articles 22(4) and 24(2)(3) of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic oThe Speech by Mr Qiao Xiaoyang in the NPC Standing Committee; Lau Kong Yung and Others v Director of Immigration, Final Appeal Nos. 10 and 11 of 1999 (Civil) (On Appeal From CACV Nos. 108 and 109 of 1999)

Notes:

Description based upon print version of record.

Includes bibliographical references.

Description based on print version record.

ISBN:

1-282-70454-0

9786612704543

988-220-176-8

OCLC:

654124470