In The Court Of Final Appeal Of The Hong Kong Special Administrative Region PDF Download
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Author | : Wanli Wang |
Publisher | : |
Total Pages | : 0 |
Release | : 2010 |
Genre | : |
ISBN | : |
Download The Role of the Court of Final Appeal of the Hong Kong Special Administrative Region Under China's "One Country, Two Systems" Principle Book in PDF, ePub and Kindle
Author | : Simon N. M. Young |
Publisher | : Cambridge University Press |
Total Pages | : 739 |
Release | : 2014 |
Genre | : Law |
ISBN | : 1107011213 |
Download Hong Kong's Court of Final Appeal Book in PDF, ePub and Kindle
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.
Author | : Wanli Wang |
Publisher | : |
Total Pages | : |
Release | : 2011 |
Genre | : |
ISBN | : |
Download Role of the Court of Final Appeal of the Hong Kong Special Administrative Region Under China's "one Country, Two Systems" Principle Book in PDF, ePub and Kindle
Author | : Hong Kong Court of Final Appeal |
Publisher | : |
Total Pages | : 61 |
Release | : 2005 |
Genre | : Criminal law |
ISBN | : |
Download In the Court of Final Appeal of the Hong Kong Special Administrative Region Book in PDF, ePub and Kindle
Author | : Hong Kong Court of Final Appeal |
Publisher | : |
Total Pages | : 149 |
Release | : 2003 |
Genre | : City planning and redevelopment law |
ISBN | : |
Download Court of Final Appeal, Hong Kong Special Administrative Region Book in PDF, ePub and Kindle
Author | : |
Publisher | : |
Total Pages | : 69 |
Release | : 2013 |
Genre | : |
ISBN | : |
Download In the Court of Final Appeal of the Hong Kong Special Administrative Region Final Appeal No. 4 of 2012 (civil) (on Appeal from CACV No. 266 of 2010) Book in PDF, ePub and Kindle
Uitspraak van het hoogste gerechtshof in Hong Kong dat een transvrouw mag huwen met haar vriend (na twee eerdere afwijzingen van lagere gerechtshoven). Beslist is dat in deze situatie geen sprake is van huwelijk tussen mensen van gelijk geslacht, maar dat een postoperatieve transvrouw in de categorie vrouwen valt.
Author | : Hong Kong |
Publisher | : |
Total Pages | : 62 |
Release | : 1988 |
Genre | : |
ISBN | : |
Download The Draft Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China (for Solicitation of Opinions) Book in PDF, ePub and Kindle
Author | : H. Fu |
Publisher | : Springer |
Total Pages | : 260 |
Release | : 2007-12-25 |
Genre | : Political Science |
ISBN | : 0230610366 |
Download Interpreting Hong Kong’s Basic Law: The Struggle for Coherence Book in PDF, ePub and Kindle
On July 1, 2007, Hong Kong celebrated its tenth anniversary as a special administrative region of China. It also marked the first decade of its unique constitutional order in which Hong Kong courts continue to apply and develop the common law but the power of final interpretation of the constitution lies with the Standing Committee of the National People's Congress. This book is a collection of chapters by leading constitutional law experts in Hong Kong who examine the interpretive issues and conflicts which have arisen since 1997. Intervention by China in constitutional interpretation has been restrained but each intervention has had significant political and jurisprudential impact. The authors give varied assessments of the struggle for interpretive coherence in the coming decade.
Author | : Priscilla Mei-fun Leung |
Publisher | : Butterworth-Heinemann |
Total Pages | : 474 |
Release | : 1998 |
Genre | : Law |
ISBN | : |
Download The Basic Law of the HKSAR Book in PDF, ePub and Kindle
Author | : Shucheng Wang |
Publisher | : |
Total Pages | : 17 |
Release | : 2016 |
Genre | : |
ISBN | : |
Download Reconciling Hong Kong's Final Authority on Judicial Review with the Central Authorities in China Book in PDF, ePub and Kindle
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.”