Hong Kong's Transition to Chinese Rule: The Limits of Autonomy

by Ralf Horlemann

Overview

Following the return of Hong Kong to Chinese sovereignty, it appears that the 'high degree of autonomy' promised to Hong Kong is limited in many ways. China's reservations about the development of democracy in Hong Kong lies at the heart of the problem. The conceptual inadequacies set out in the Basic Law, Hong Kong's mini-constitution, show a correlation between a lack of democracy and a loss of autonomy. This book argues that genuine autonomy from the central government in Beijing is impossible without a democratic system in Hong Kong. Developments since the handover have, however, demonstrated that democratic trends have been halted and even reversed and that democracy is not likely to be established in Hong Kong in the near future.

Product Details

ISBN-13:	9781134434107
Publisher:	Taylor & Francis
Publication date:	09/02/2003
Sold by:	Barnes & Noble
Format:	eBook
Pages:	320
File size:	770 KB

About the Author

Ralf Horlemann

Table of Contents

Acknowledgments Abbreviations Preface List of Tables Hong Kong as a British Colony 1.1 The Constitution 1.2 The System of Government 1.3 The Executive Council 1.4 The Legislative Council From The Joint Declaration to the basic Law (1984-1989) 2.1 Basic Concepts of the joint Declaration 2.2 The Limits of Reform 2.3 Drafting the Basic Law Tiananmen and the Consequences (1989-1992) 3.1 Introduction 3.2 Damage Repair - Soft Approach 3.2.1 The nationality package 3.2.2 Strengthening human rights 3.2.3 Changes to the Societies Ordinance and the Public Order Ordinance 3.3 Excursus: Corription 3.4 The Promise of Democracy - Unfulfilled Patten's Reforms and China's Reaction (1992-1997) 4.1 Damage Repair - Patten's Approach 4.2 Effects of Patten's Reform Policy on hte Political System 4.2.1 Development of LegCo - from concensus to confrontation 4.2.2 The party political scene 4.2.3 LegCo after the 1995 elections - almost a parliament 4.3 China's Reaction 4.3.1 Preliminary Working Committee 4.3.2 Preparatory Committee 4.3.3 Selection Committee 4.3.4 Selection and appointment of the Chief Executive 4.3.5 Establishment of the Provisional Legislative Council The Hong Kong Special Administrative Region of China 5.1 Introduction 5.2 Legal position under the Chinese Constitution 5.3 The Basic Law 5.3.1 the Relationship netween the SAR and the CPG 5.3.2 External relations 5.3.3 The political system 5.3.3.1 The Chief Executive 5.3.3.2 The Executive Council 5.3.3.3 The civil service 5.3.3.4 The legislative 5.3.4 The judiciary 5.3.5 Political parties and civil society 5.3.6 Freedom and human rights 5.3.7 The economy The Hing Kong SAR four years after the handover 6.1 Introduction 6.2 Economic and Financial Autonomy 6.3 Rule of Law and Human Rights 6.3.1 Discontinuity in the application of laws 6.3.2 Legality of the PLC 6.3.3 The power of final adjudication 6.3.4 Repeal of liberal laws 6.3.5 Human rights: dark clouds on hte horizon 6.3.6 Infringements on the rule of law 6.4 The political system 6.4.1 Disruptions in the executive 6.4.2 Lack of control by the legislature 6.4.3 Poor crisis management 6.4.4 Elections to LegCo 1998 and 2000 6.4.5 Power of the parties and of LegCo The need for political reforms References and Bibliography Annex 1 Sino-British Joint Declaration 1984 Annex 2 Basic Law of the Hong Kong Special Administrative region and Related NPC Decisions Annex 3 Exchange of Letters between the British and Chinese Sides in 1990 Annex 4 Participation of the Hong Kong SAR in International Organisations and Bodies Annex 5 Members of the Hong Kong SAR Government 2001 Annex 6 Members of hte Executive Council 2001 Annex 7 The Work of the Legislative Council 2001 Annex 8 Members of the Legislative Council 2000- 2001 Annex 9 The Composition of hte Legislative Council 1984 - 2004 Annex 10 Legislative Council Elections in 1998 and 2000 Annex 11 Reunification Ordinance 1997 Annex 12 Rules for Members of the Selection Committee Annex 13 Rules of Procedure of hte HKSAR Legislative Council Index