Introduction to the hong kong basic law pdf

Jun, 2018 introduction to the hong kong basic law hong kong university press, 2016 university of hong kong faculty of law research paper no. This book provides an introduction to the legal system in hong kong. The basic law came into effect on 1 july 1997 with the establishment of the hong kong special administrative region of the peoples republic of china hksar. A clear example of these doctrines are that hong kong exists as a separate signatory to international organisations, including the world trade organisation. Buy introduction to the hong kong basic law 2nd ed, by danny gittings, isbn 9789888208364, published by hong kong university press from.

Associate professor danny gittings introduction to the hong. New edition of the most popular introductory guide to the hong kong basic law written by associate professor and. Region refuses to pass the budget introduced by the government, the. As a basic version, this publication provides a general introduction. The basic law hong kong s constitutional document gives legal effect to the one country, two systems policy.

A brief introduction to the fiduciary duties of directors. This is one in a series of books providing readers with an overview of the more frequently encountered legal principles. Jan 17, 2014 this introduction traces the origins of the hong kong basic law and the concepts and legal issues that surround it. Mainlandization of hong kong hong kong scholarship. This provision is reflected in article 39 of the basic law. Pdf introduction to the hong kong basic law 2nd edition roy l. Hong kong special administrative region 53 instrument 1 decision of the standing committee of the national peoples congress on approving the amendment to annex i to the basic law of the hong kong special administrative region of the peoples republic of china. This new edition provides readers with updated ordinances and cases, and is divided into six parts, covering key topics for business law such as. The basic law of the hong kong special administrative region of the peoples republic of china published by the constitutional and mainland affairs bureau designed by the information services department. The basic law is an embodiment of the doctrines of one country, two systems and hong kong people ruling hong kong. Introducing a regulatory framework for equity rowdfunding in. Therefore it is consequential that every state protects human rights in an effective and legitimate way. Introduction to the hong kong basic law chinese journal. Pdf the hong kong basic law handbook is the leading authority on.

The basic law of the hong kong special administrative region of the peoples republic of china. By evaluating the content of the basic law and its implementation, the new practices and conventions in the beijinghksar relations can be defined and outlined. Theme 1 unit 2 basic law smartie kids in this unit, students will read the story mysterious theft on campus and understand the part. A former journalist, he regularly hosts backchat, rthks main english. The dramatic story of hong kong s return to china and the 16 years which have followed is not always an easy one to understand. An introduction to hong kong bill of rights ordinance. Introduction to chinese law edited by wang chenguang, m. Drawing on the experience of the first 15 years, it then analyses the content of the hong kong basic law, especially in relation to hong kongs political system, the. If the legislative council of the hong kong special administrative. This introduction traces the origins of the hong kong basic law and the concepts and legal issues that surround it. The basic law is a constitutional document for the hksar. This course acts as a foundation block for the study of the other courses in the programme, since it covers general.

Readings vanessa stott an introduction to hong kong business. Jun 11, 2019 here are answers to key questions regarding the extradition law, as hong kong. Since its freedom from the british reign, its political development proved to be turbulent. Decree of the president of the peoples republic of china. Taking efffect as soon as china reclaimed its sove. It states that the chief executive should be chosen by universal suffrage upon nomination by a broadly representative nominating committee as an eventual goal. The hong kong basic law handbook is the leading authority on judicial consideration of the hong kong basic law. This has been the case since the demonstrations against the introduction of the national security bill, seen as a weapon against dissent, under article 23 in the basic. An introduction to hong kong business law, 5th edition. The university of hong kong hku space community college associate degree programmes 201617 course document course title. University lecturer, department of law city university of hong kong hong kong singapore. Hong kong became a special administrative region sar of the peoples republic of china on july 1, 1997, after a century and a half of british administration.

Associate professor, department of law city university of hong kong and zhang xianchu, j. Contracts affect everyone, from simple daily activities as buying groceries to more complicated and formal agreements such as renovation. Introduction to the hong kong basic law hong kong lawyer. Decision of the standing committee of the national people. Introduction birth of the hong kong basic law what is the hong kong basic law. Feel free to use, adapt and modify the content to your own needs, and share the improved content with others because the book is offered under creative commons cc license. In 1884, the first medical registration ordinance was enacted to regulate the practice of medicine in the territory. University of hong kong faculty of law research paper no. The basic law is not only the constitutional law of the hong kong special administrative region hong kong or hksar, but it is also a national law of china. It also prescribes the various systems to be practised in the hksar. Introduction to the hong kong basic law 2nd edition by danny. An introduction to hong kong business law provides a comprehensive guide to the legal aspects of business and commerce in hong kong.

Hong kongs basic law is a constitution with chinese. This chapter explores the overall implementation of the basic law in hong kong and discusses the developing conventions prevailing in the beijinghksar relations. This video covers various introductory concepts and definitions having to do with the legal system in canada. Thoroughly revised for its second edition, the handbook canvasses new developments in hong kong s constitutional law including the. Introduction to the hong kong basic law book, 2016. The basic law of the hong kong special administrative region of. Under hong kong s constitutional document, the basic law, the existing economic, legal and social systems will be. It includes the subjects that are examined in business law courses. Instrument a101 the basic law of the hong kong special administrative region of the peoples republic of china. By examining the legal and political issues surrounding the implementation of the hong kong basic law since 1 july 1997, and by theoretical reflection on the status of the hong kong basic law.

The protection of human rights under the hong kong basic law 1 1. Reconstructing the judicial or judicial reconstruction. It shall, on its own, conduct the administrative affairs of the region in accordance with the relevant provisions of this law. Nowadays, the hong kong medical council is established and empowered by. It enshrines within a legal document the important concepts of one country, two systems, hong kong people administering hong kong and a high degree of autonomy. Introduction to the hong kong basic law 2nd editionby danny gittings. This introduction traces the origins of the hong kong basic law and the concepts and legal issues that. Introducing hong kong hong kong economic and trade.

It is the cornerstone of hong kong s success as a leading international commercial. The introduction of the bill caused widespread criticism domestically and abroad from the legal profession, journalist organisations, business groups, and foreign governments fearing the erosion of hong kong s legal system and its builtin safeguards, as well as damage to hong kong s business climate. The basic law of the hong kong special administrative region of the peoples republic of china is the constitution of the hong kong special administrative region and a national law of the peoples republic of china. The sinobritish joint declaration, article 3 12 stipulates that the policies of the joint declaration be codified in the basic law. Introduction to the hong kong basic law 2nd edition by. On july 1, 1997, hong kong was returned of its sovereignty from britain to the peoples republic of china prc. Danny gittings introduction to the hong kong basic law fills a gap in this area. Introduction to implied trusts resulting trusts and constructive trusts presented by prof. An introduction to the hong kong legal system, 3rd edition. Implementation of the basic law hong kong scholarship.

The basic law of the hong kong special administrative region of the peoples republic of china one country two systems economic research institute or other editions. Understanding hong kong s legal system today requires both an understanding of the british origins of much of the laws and legal institutions as well as the uniquely hong kong developments in the application of the basic law under one country, two systems. It will be argued that in the hong kong context, courts are under an obligation to develop the common law with a view to achieving maximum consistency with the hong kong basic law, even when a purely private dispute is involved. Table of other legislation and international agreements, conventions xxiii and treaties. China, the national peoples congress hereby enacts the basic law of the. Danny gittings, an introduction to the hong kong basic law hong kong university press, 2009 3. In hong kong human rights have always been a main issue and for that reason. The laws previously in force in hong kong, that is, the common law, rules of equity, ordinances, subordinate legislation and customary law such as chinese clan law clarification needed shall be maintained, except for any that contravene the basic law and subject to any amendment by the legislature of the hong kong special administrative region. According to the basic law, the hksar may also use the regional flag and the regional emblem. Introduction to the hong kong basic law2nd editionby danny.

Danny gittings danny gittings is an associate professor and senior programme director at the college of humanities and law in the university of hong kongs school of professional and continuing education and author of introduction to the hong kong basic law a popular textbook and generalinterest book now in its second edition. The protection of human rights under the hong kong basic law. Vanessa stott, an introduction to hong kong business law, chapter 1 ian dobinson and derek roebuck, introduction to law in the hong kong sar, chapter 3, 4, 6, 9 4. Mar 21, 2019 in addition to the present work and over 150 journal articles and book chapters in english and chinese, professor chen is currently a member of the hong kong basic law committee under the standing committee of chinas national peoples congress, a member of the strategic development commission of the hong kong government, and a justice of the. Drawing on the experience of the first 15 years, it then analyses the content of the hong kong basic law, especially in relation to hong kong s political system, the judiciary, and human rights. Basic law of the hong kong special administrative region of the peoples republic of china 1990, hereinafter basic law, art 2. The appendixes include the full text of the basic law. Introduction to the hong kong basic law 1st edition by danny. This book presents an introduction to contract principles. Basic law, hong kong bill of rights and the iccpr, by dinusha panditaratne. Chinese sovereignty and the basic law, 2nd edition, hong kong. Introduction human rights have gained substantial importance in the past years. Literature, the humanities, and humanity is one of the free open textbooks for tertiary level.

Horizontal effect of the hong kong basic law hin ting liu. This is one in a series of books seeking to introduce the reader to the more frequently encountered common law principles which apply in hong kong. When the hong kong basic law was promulgated on 4 april 1990, the national peoples congress npc issued a decision on the same day on forming the first government and legislature of the hong kong special administrative region. An introduction to the chinese legal system fifth edition. Long finance, the global financial centres index, nos. Of the several factors fuelling the governance crisis in hksar is the existence of tension. Everything you need to know about hong kongs extradition law. The bodies exercising the power of interpretation are therefore from both mainland china and hksar, and apply different regimes to interpret law. This chapter explains the respective roles of the basic law, the hong kong bill of rights and the iccpr in protecting human rights in hong kong, and especially, in protecting civil and political rights. Hong kong urged to step up efforts in basic law education. The basic law of the hong kong special administrative. Introduction to the hong kong basic law hong kong university. Drawing on the experience of the first 15 years, it then analyses the content of the hong kong basic law, especially in relation to hong kong \s political system, the judiciary and human rights. Before the enactment of the hong kong bill of rights ordinance, the two covenants were implemented in hong kong through a combination of common law, legislation and administrative measures.

The main text, spanning 314 pages, presents us with a rich introduction. Table of hong kong basic law provisions and related documents xvii table of other legislation and international agreements, conventions xxiii and treaties chapter 1 introduction 1 chapter 2 birth of the hong kong basic law 9 2. The rule of law is one of hong kong s greatest strengths. I f youre in hong kong, please join us for the official book launch of introduction to the hong kong basic law at 6pm on 18 september 20 in shop 204 in pacific place in admiralty. At the heart of the hong kong basic law is the concept of a high degree of autonomy. The london school of economics and political science. The laws previously in force before the handover in 1997 the common law, rules of equity, ordinances, subordinate legislation and customary law have been maintained in accordance with the basic law. Introduction to the hong kong basic law by danny gittings. Danny gittings s introduction to the hong kong basic law makes a significant contribution to an important subject. Law of the hong kong constitution human rights portal. An overview 10 a legal system 10 rules and principles and other precepts 10 processes 11 institutions 11 personnel ideology classifications of law 15 sources of law 17 3. Introduction to hong kong law and legal practice course code. Chapter 28 article 18 of the basic law of the hksar 443 chapter 29 articles 20, 21, 22, 488 and 1 of the basic law of the hksar 445 chapter 30 article 159 of the basic law of the hksar 447 chapter 31 secondbest constitutionalism 459 part 6.

Introduction to the hong kong basic law hku scholars hub. Introduction to the hong kong basic law hong kong university press, 2016 university of hong kong faculty of law research paper no. Before the enactment of the hong kong bill of rights ordinance, the two covenants were implemented in hong kong through a combination of common law, legislation and. Table of hong kong basic law provisions and related documents xix table of other legislation and international agreements, conventions and treaties xxv chapter 1 introduction 1 chapter 2 birth of the hong kong basic law 9 2. Its a chance to meet the author and even get a signed copy of the book if you wish. The hong kong special administrative region shall be vested with executive power. Decision of the standing committee of the national people s congress on the english text of the basic law of the hong kong special administrative region of the people s republic of china adopted on june 28, 1990 see instrument a105 in hong kong elegislation.

Textbooks for tertiary institutions open textbooks for hong. He has taught torts, intellectual property, sales, entertainment law, media law, sports law, employment law, and writing courses. Drawing on the experience of the first 15 years, it then analyses the content of the hong kong basic law, especially in relation to hong kongs political system, the judiciary, and human rights. Under hong kongs constitutional document, the basic law, the existing economic, legal and social systems will be. Introduction to the hong kong basic law should be read not only by law students but also by anyone who is interested in how hong kong is being run after 1997. The laws in force in the hong kong special administrative region shall be this law, the laws previously in force in hong kong as provided for in article 8 of this law, and the laws. Students learn the definition of permanent residents of hong kong through information analysis. Pursuant to the relevant provisions of the basic law of the hong kong special administrative region of the peoples republic of china and the interpretation by the standing committee. This chapter examines the different factors contributing to the crisis in hong kong s governance.

Legal experts, political leaders and educators have called for greater efforts in educating the public and promoting the basic law. System of government role of the courts interpretation and amendment protection of human rights what will happen to one country, two systems. Comprising nine chapters, 160 articles and three annexes, the basic law. Johnson is an associate professor of law at the university of north dakota. Pdf introduction to the hong kong basic law 2nd edition. This books organizational structure reflects this intention. This book focuses on the common law tort principles which apply in the territory. The law of contractidentify the essential elements of a valid agreement between business traders and customers and examine the terms of a business agreement.

To introduce students to the concept of law, with particular reference to the hong kong legal system. Introduction to the hong kong basic law 1st edition by. As professor gittings points out in his book, which includes a chapter on what might happen after hong kong s 50year autonomy ends, readability was a key aim. Introduction to the hong kong basic law hong kong university press, 2016. Civil law ling bing introduction 169 the concept of civil law 170. In hong kong, laws on public health and medical practice, essentially an adoption of the english acts, had been introduced from the early days. While any book discussing a sophisticated constitutional document might be forgiven for being somewhat dry and arcane, introduction to the hong kong basic law is, happily.