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Topic: Basic Law of Hong Kong


  
 BIGpedia - Hong Kong - Encyclopedia and Dictionary Online
Structurally, Hong Kong's court system consists of the Court of Final Appeal, which replaced the Judicial Committee of the Privy Council, the High Court, which is made up of the Court of Appeal and the Court of First Instance, and the District Court, which includes the Family Court.
Article 84 of the Basic Law of Hong Kong allows Hong Kong's courts to refer to decisions (precedents) rendered by courts of foreign jurisdictions and to invite foreign judges to participate in proceedings of Hong Kong's Court of Final Appeal.
Many Chinese consider Hong Kong courts to be more "honest" compared to those in the mainland because the legal principles of rule of law and judicial independence are more entrenched and readily observed in the now former British colony.
http://www.bigpedia.com/encyclopedia/Hong_Kong   (2506 words)

  
 Hong Kong Basic Law - Wikipedia, the free encyclopedia
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) shall be maintained, except for any that contravene the Basic Law and subject to any amendment by the legislature of the HKSAR.
The argument is relevant in that it impacts the amount of authority that the PRC has to change the Basic Law, and the ability of the Hong Kong courts to challenge PRC domestic legislation.
Article 23 of the Basic Law requires Hong Kong to enact laws on its own to prohibit acts including treason, secession, sedition, subversion against the Central People's Government, and theft of state secrets.
http://en.wikipedia.org/wiki/Hong_Kong_Basic_Law   (1717 words)

  
 Hong Kong Basic Law Article 23 - Wikipedia, the free encyclopedia
At the time of the drafting of the Basic Law this was intended to be protective of civil rights in that it placed responsibility for drafting these laws with the Hong Kong government.
Although these laws had rarely been enforced since the 1960s, there was concern about the possible use of those laws after the handover to the People's Republic of China (PRC).
The argument is that because the sovereign in the case of Hong Kong is authoritarian, there are fewer restrictions which prevent them from using badly drafted laws.
http://en.wikipedia.org/wiki/Hong_Kong_Basic_Law_Article_23   (2828 words)

  
 JURIST Hong Kong - Hong Kong law, legal research, human rights
The Hong Kong members are nominated by the Chief Executive, the President of the Legislative Council, and the Chief Justice.
Under the Basic Law, the courts may interpret on their own provisions of the Basic Law that are within the limits of the autonomy of the region.
For historical reasons and because of the courts' reliance on common law precedents, almost all civil cases and most criminal cases are heard in English.
http://jurist.law.pitt.edu/world/hongkong.htm   (1124 words)

  
 Hong Kong: Interpretation of Basic Law Serious Setback for Electoral Reform (Human Rights Watch, 7-4-2004)
Under Article 159 of the Basic Law, all amendments must be approved by a 2/3 vote of the Hong Kong LegCo, and no amendment may "contravene the established basic policies of the People's Republic of China regarding Hong Kong," including those related to human rights.
These requirements are not found in the text of the Basic Law.
The 1984 "Joint Declaration" between China and the United Kingdom, which established the terms of the transfer of Hong Kong sovereignty from Britain to China, and the Beijing-promulgated Basic Law guarantee Hong Kong people "a high degree of autonomy" and basic human rights.
http://hrw.org/english/docs/2004/04/07/china8409.htm   (728 words)

  
 Hong Kong Law Page
Includes the full text of the law and related court judgments.
The school has a strong commitment to comparative research in Chinese Law, Common Law and the laws of other jurisdictions.
Basic law of the Administrative Region of the People's Republic of China.
http://www.carrow.com/linkhongkong.html   (747 words)

  
 Association for Asia Research- Beijing Meddling with Hong Kong Basic Law
According to Hong Kong’s constitution as written in the Basic Law, the chief executive’s term is five years.
It is thought that Beijing favors a two-year term so it can test the loyalties of acting chief executive Donald Tsang, who was knighted (KBE) from the British Sovereign in June 1997.
But, no provision is allowed for when a leader resigns before the term is up.
http://www.asianresearch.org/articles/2596.html   (353 words)

  
 China Campaign
The Basic Law was set out in the Sino-British Joint Declaration of 1984 to allow Hong Kong to retain its personal freedoms, common-law legal system and market economy and thus remain distinct from the socialist system of mainland China for 50 years from July 1,1997.
While accepting that the introduction of Article 23 is a legal requirement stipulated by the Basic Law, expressing concern that the proposed legislation will serve to increase the government's power to restrict the flow of information without a corresponding statutory right to access of information;
Requesting that in the spirit of this action revisions of Article 23 continue by means of a thorough consultative process and informed public debate, in accordance with the Johannesburg Principles on National Security, Freedom of Expression and Access to Information, until suitable legislation is drafted.
http://www.pen.org/freedom/chinaweek3.html   (455 words)

  
 Hong Kong Law: Internet Law Library
Laws of all jurisdictions (arranged by subject)
The Internet Law Library, originally the U.S. House of Representatives Internet Law Library (1994-1999), may not provide current information.
Hong Kong (Overseas Public Servants) Act 1996 (U.K.)
http://www.lawmoose.com/internetlawlib/64.htm   (334 words)

  
 >>> AsiaNews.it <<< Beijing changes Hong Kong’s Basic Law
The Legislative Affairs Committee of the National People's Congress has decided to reinterpret Article 53, Paragraph 2, of Hong Kong’s Basic Law which sets out the procedures to fill a vacant office of Chief Executive.
Beijing has informed Donald Tsang Yam-kuen, Tung Chee Hwa’s successor as Hong Kong’s Chief Executive that he will remain in power for two rather five years as set out under the law.
Content on this site is made available for personal, non-commercial use only.
http://www.asianews.it/view.php?l=en&art=3167   (515 words)

  
 Hong Kong Legal Research Guide
Hong Kong Judiciary (Courts) Homepage Judgments delivered by various Hong Kong courts since 1993 are available on this web site
This has been the Bilingual Laws Information System (BLIS) on the Internet prepared and hosted by the Department of Justice of Hong Kong for free public access since November 9, 1997.
The Faculty of Law of UNIVERSITY OF HONG KONG
http://ls.wustl.edu/Chinalaw/hongkong.html   (144 words)

  
 FindLaw: International Resources: Countries: Hong Kong
Use the Thomson Legal Record to access a lawyer's litigation record, articles and more!
FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
Our free service connects you to lawyers who can help you with your case.
http://www.findlaw.com/12international/countries/hk.html   (316 words)

  
 Hong Kong - US Department of State
The United States wants and expects to enjoy the same broad range of relations with Hong Kong as it did prior to the reversion, an objective made clear in the U.S.-Hong Kong Policy Act.
Americans have a very substantial stake in promoting economic and business relationships, preserving civil liberties and the rule of law, maintaining a cooperative law enforcement relationship, and preserving access to Hong Kong as a routine and frequent port of call for U.S. Navy ships.
U.S. support for the Joint Declaration is also underscored by law.
http://usinfo.state.gov/eap/east_asia_pacific/china/china_hong_kong.html   (708 words)

  
 AsiaMedia :: HONG KONG: Basic Law monitoring idea criticised
"But extending the practice of examining the enforcement of mainland laws to Hong Kong would cause unnecessary misunderstanding that the existing monitoring mechanisms are ineffective," he said.
The provision states that the election committee shall, on the basis of nominees, elect the chief executive-designate by secret ballot.
He said the law for the selection of the second chief executive, which allowed the sole candidate, Tung Chee-hwa, to be chosen, was inconsistent with the Annex I of the Basic Law.
http://www.asiamedia.ucla.edu/article.asp?parentid=7660   (495 words)

  
 Petition on Article 23 of Hong Kong's Basic Law - Yellowworld Forums
The Society of Hong Kong and Chinese Affairs at UC Berkeley would like to invite you to sign the petition on the Article 23 of Hong Kong's Basic Law to in regards to anti-subversion measures that will seriously damage freedom of expression in Hong Kong.
but this anti-subversion law is more than just about free speech.
Our goal is to to request the HK government to issue a White Bill -- a law proposal which can be reviewed by all citizens before passing - so that HK people can have an understanding and a say in the legislative decisions being made.
http://forums.yellowworld.org/showthread.php?t=3915   (818 words)

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