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Article: Planning and property rights in Hong Kong under constitutional capitalism

TitlePlanning and property rights in Hong Kong under constitutional capitalism
Authors
Issue Date2002
PublisherRoutledge. The Journal's web site is located at http://www.tandf.co.uk/journals/titles/13563475.asp
Citation
International Planning Studies, 2002, v. 7 n. 3, p. 213-225 How to Cite?
AbstractThis paper identifies and discusses some constitutional law issues arising from the tensions and contradictions between the statutory land use planning and related regulations in Hong Kong and its Basic Law. The Basic Law is a written 'mini- constitution', which expressly guarantees the protection not only of private property rights but also of the market economy and capitalism. These tensions have their roots in the superimposition of modern town planning legislation onto a consesual and contractual planning system based on a leasehold land system introduced by the colonial administrator. They emerged as constitutional law issues with the inception of the Basic Law, as the previous British colonial regime was replaced by the so-called 'One Country, Two Systems' of China. It is argued that these tensions are crucial from land economics and political points of view in the context that half the population of Hong Kong, a so-called faithful student of laissez-faire philosophy, has been living in public if not assisted housing. Furthermore, China is on the road to a liberalized economy and globalization on terms acceptable also to the international community. Some suggestions that are based on established common law concepts and the land administrative practice of colonial Hong Kong are offered for ameliorating the said tensions.
Persistent Identifierhttp://hdl.handle.net/10722/81709
ISSN
2015 SCImago Journal Rankings: 0.493
References

 

DC FieldValueLanguage
dc.contributor.authorLai, LWCen_HK
dc.date.accessioned2010-09-06T08:21:07Z-
dc.date.available2010-09-06T08:21:07Z-
dc.date.issued2002en_HK
dc.identifier.citationInternational Planning Studies, 2002, v. 7 n. 3, p. 213-225en_HK
dc.identifier.issn1356-3475en_HK
dc.identifier.urihttp://hdl.handle.net/10722/81709-
dc.description.abstractThis paper identifies and discusses some constitutional law issues arising from the tensions and contradictions between the statutory land use planning and related regulations in Hong Kong and its Basic Law. The Basic Law is a written 'mini- constitution', which expressly guarantees the protection not only of private property rights but also of the market economy and capitalism. These tensions have their roots in the superimposition of modern town planning legislation onto a consesual and contractual planning system based on a leasehold land system introduced by the colonial administrator. They emerged as constitutional law issues with the inception of the Basic Law, as the previous British colonial regime was replaced by the so-called 'One Country, Two Systems' of China. It is argued that these tensions are crucial from land economics and political points of view in the context that half the population of Hong Kong, a so-called faithful student of laissez-faire philosophy, has been living in public if not assisted housing. Furthermore, China is on the road to a liberalized economy and globalization on terms acceptable also to the international community. Some suggestions that are based on established common law concepts and the land administrative practice of colonial Hong Kong are offered for ameliorating the said tensions.en_HK
dc.languageengen_HK
dc.publisherRoutledge. The Journal's web site is located at http://www.tandf.co.uk/journals/titles/13563475.aspen_HK
dc.relation.ispartofInternational Planning Studiesen_HK
dc.titlePlanning and property rights in Hong Kong under constitutional capitalismen_HK
dc.typeArticleen_HK
dc.identifier.openurlhttp://library.hku.hk:4550/resserv?sid=HKU:IR&issn=1356-3475&volume=7 &issue=3&spage=213&epage=225&date=2002&atitle=Planning+and+Property+Rights+in+Hong+Kong+under+Constitutional+Capitalismen_HK
dc.identifier.emailLai, LWC:wclai@hku.hken_HK
dc.identifier.authorityLai, LWC=rp01004en_HK
dc.description.naturelink_to_subscribed_fulltext-
dc.identifier.doi10.1080/1356347022000001899en_HK
dc.identifier.scopuseid_2-s2.0-0036042506en_HK
dc.identifier.hkuros82880en_HK
dc.relation.referenceshttp://www.scopus.com/mlt/select.url?eid=2-s2.0-0036042506&selection=ref&src=s&origin=recordpageen_HK
dc.identifier.volume7en_HK
dc.identifier.issue3en_HK
dc.identifier.spage213en_HK
dc.identifier.epage225en_HK
dc.publisher.placeUnited Kingdomen_HK
dc.identifier.scopusauthoridLai, LWC=7202616218en_HK

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