DSpace Community:
http://hdl.handle.net/10722/124107
2024-03-28T09:19:54ZThe Oath-Taking Cases and the NPCSC Interpretation of 2016: Interface of Common Law and Chinese Law
http://hdl.handle.net/10722/270198
Title: The Oath-Taking Cases and the NPCSC Interpretation of 2016: Interface of Common Law and Chinese Law
Authors: Zhu, H; Chen, AHY
Abstract: The oath-taking cases involving the disqualification of six Legislative Councillors in Hong Kong and the National People’s Congress (NPCSC) Interpretation in 2016 on oath taking were highly controversial. This article traces the origins of the oath-taking law in Hong Kong to its English roots and explains the difference today between the consequences of failure to comply with the oath-taking requirements by Hong Kong legislators on the one hand and by British Members of Parliament on the other hand. It analyses the distinction between interpretation, supplementation and amendment of the Basic Law in the context of NPCSC interpretations. It also considers the circumstances in which an NPCSC interpretation should have retrospective effect.2019-01-01T00:00:00ZBeijing’s 'Rule of Law' Strategy for Governing Hong Kong: Legalisation without Democratisation
http://hdl.handle.net/10722/270196
Title: Beijing’s 'Rule of Law' Strategy for Governing Hong Kong: Legalisation without Democratisation
Authors: Zhu, H
Abstract: This paper examines the evolution of legal strategies that the central government has used in managing Hong Kong affairs in the past three decades. It demonstrates that the Beijing government appears to have successfully employed the tactic of “legalisation without democratisation” to neutralise political resistance, to resolve thorny issues, and to stifle pro-independence voices. However, as Beijing’s legal strategies for Hong Kong have become more hands-on and assertive, the flaws and instrumentalism of Chinese-style “rule of law” have become increasingly salient, giving rise to deepening conflicts with the Hong Kong common law system. Legalisation without democratisation has given rise to a worrying trend of rising authoritarian legalism in Hong Kong.
Description: The article is freely available at https://www.cefc.com.hk/issue/china-perspectives-20191/.2019-01-01T00:00:00ZAcademic freedom in Hong Kong
http://hdl.handle.net/10722/228357
Title: Academic freedom in Hong Kong
Authors: Chan, JMM
Abstract: This paper reviews the scope and meaning of academic freedom and discusses the various incidents of interference with academic freedom in Hong Kong
Description: Keynote speaker2015-01-01T00:00:00ZThe Other Roles of Law: Signaling, Self-commitment and Coordination
http://hdl.handle.net/10722/208129
Title: The Other Roles of Law: Signaling, Self-commitment and Coordination
Authors: Yu, G
Abstract: The existing literature on the role of formal law in economic development mainly focuses on the protective function of law. The dominant position of law and development scholars with expertise on Chinese law or economy downplays the role of formal law in China's economic development. This article, however, demonstrates that there is still inadequate evidence to support this position. In addition to pointing out that there is a role for formal law in China's economic development with respect to the enforcement of contracts and the protection of property rights, this article argues that the formal law has played a much more important role in China's economic development than is recognised by the existing literature if we also take into account the functions of formal law in signalling, self-commitment and coordination.2010-01-01T00:00:00Z