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Role of the Court of Final Appeal of the Hong Kong Special Administrative Region Under China's "one Country, Two Systems" Principle

2011
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Release : 2011
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Book Synopsis Role of the Court of Final Appeal of the Hong Kong Special Administrative Region Under China's "one Country, Two Systems" Principle by : Wanli Wang

Download or read book Role of the Court of Final Appeal of the Hong Kong Special Administrative Region Under China's "one Country, Two Systems" Principle written by Wanli Wang. This book was released on 2011. Available in PDF, EPUB and Kindle. Book excerpt:

The Role of the Court of Final Appeal of the Hong Kong Special Administrative Region Under China's "One Country, Two Systems" Principle

2010
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Release : 2010
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Book Synopsis The Role of the Court of Final Appeal of the Hong Kong Special Administrative Region Under China's "One Country, Two Systems" Principle by : Wanli Wang

Download or read book The Role of the Court of Final Appeal of the Hong Kong Special Administrative Region Under China's "One Country, Two Systems" Principle written by Wanli Wang. This book was released on 2010. Available in PDF, EPUB and Kindle. Book excerpt:

Relationship Between the Chinese Central Authorities and Regional Governments of Hong Kong and Macao: A Legal Perspective

2018-09-19 Law
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Release : 2018-09-19
Genre : Law
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Book Rating : 224/5 ( reviews)

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Book Synopsis Relationship Between the Chinese Central Authorities and Regional Governments of Hong Kong and Macao: A Legal Perspective by : Zhenmin Wang

Download or read book Relationship Between the Chinese Central Authorities and Regional Governments of Hong Kong and Macao: A Legal Perspective written by Zhenmin Wang. This book was released on 2018-09-19. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the basic theories and structures employed in handling the Central-SAR relationship under the “One Country, Two Systems” policy from the perspective of ruling by law. It also explores the fundamental principles and methods used in the division of powers between the central authorities and the SARs, and investigates the institutions responsible for handling the Central-SAR relationship and their practices. Further, it presents case studies since 1997 to help readers better understand the Central-SAR relationship. Lastly, the author raises some new questions for readers who want to further study this topic.

Reconciling Hong Kong's Final Authority on Judicial Review with the Central Authorities in China

2016
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Release : 2016
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Book Synopsis Reconciling Hong Kong's Final Authority on Judicial Review with the Central Authorities in China by : Shucheng Wang

Download or read book Reconciling Hong Kong's Final Authority on Judicial Review with the Central Authorities in China written by Shucheng Wang. This book was released on 2016. Available in PDF, EPUB and Kindle. Book excerpt: Although the formula of “One Country, Two Systems” has been implemented since 1997, it is still controversial in terms of the role of Hong Kong's final authority on judicial review under China's sovereignty. On the one hand, the power of final adjudication is vested in the Court of Final Appeal (CFA) in Hong Kong according to the Basic Law of the Hong Kong Special Administrative Region (HKSAR). On the other hand, under China's sovereignty, the constitutional role of the Hong Kong court in solving issues relating to Central Authorities within its jurisdiction is still controversial. This constitutional tension has been seen in many cases, for example in HKSAR v. David Ma Wai-Kan. This article examines the nature of Hong Kong's final authority on judicial review and its relationship with the NPCSC's authority over the interpretation of the Basic Law. It reveals that, in the context of Hong Kong under “One Country, Two Systems,” a dual structure of constitutional review has been formed: one is the judicial review of the Basic Law by Hong Kong courts at the regional level, and the other is the constitutional control of the Basic Law by the NPCSC at the national level. Furthermore, it suggests that each one should take a deferential approach so that a balance can be struck between “One Country” and “Two Systems.” In addition, it is necessary to develop some public channels to effectuate the mutual deference mechanism by showing their respective positions. To a certain extent, FG Hemisphere Associates LLC v. Democratic Republic of the Congo and Others has shown that such a mechanism is possible as Hong Kong's final authority on judicial review based on “Two Systems” is more likely to be reconciled with China's sovereignty backed by “One Country.”

Hong Kong's Court of Final Appeal

2014 Law
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Release : 2014
Genre : Law
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Book Rating : 213/5 ( reviews)

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Book Synopsis Hong Kong's Court of Final Appeal by : Simon N. M. Young

Download or read book Hong Kong's Court of Final Appeal written by Simon N. M. Young. This book was released on 2014. Available in PDF, EPUB and Kindle. Book excerpt: In the years since it was established on 1 July 1997, Hong Kong's Court of Final Appeal has developed a distinctive body of new law and doctrine with the help of eminent foreign common law judges. Under the leadership of Chief Justice Andrew Li, it has also remained independent under Chinese sovereignty and become a model for other Asian final courts working to maintain the rule of law, judicial independence and professionalism in challenging political environments. In this book, leading practitioners, jurists and academics examine the Court's history, operation and jurisprudence, and provide a comparative analysis with European courts and China's other autonomous final court in Macau. It also makes use of extensive empirical data compiled from the jurisprudence to illuminate the Court's decision-making processes and identify the relative impacts of the foreign and local judges.

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