Judicial Independence and the Rule of Law in Hong Kong

by Steve Tsang (Editor)

Overview

This book examines whether judicial independence and the rule of law can survive in Hong Kong under Chinese sovereignty. It examines their protection under the Basic Law, the institutional and individual independence of the judiciary, and the maintenance of the due process and a free press. It also scrutinizes the threats from the need to accommodate national security and wider political concerns. The assessments are set in the context of a comparison with the early years of British rule, and based on developments in the two years following the handover.

Product Details

ISBN-13:	9780333930526
Publisher:	Palgrave Macmillan UK
Publication date:	04/19/2001
Series:	St Antony's Series , #14227
Edition description:	2001
Pages:	224
Product dimensions:	5.43(w) x 8.50(h) x 0.03(d)

About the Author

JOHANNES CHAN Professor and Head, Department of Law, University of Hong Kong RICHARD CULLEN Professor of Head, Department of Business Law and Taxation, Monash University HUALING FU Assistant Professor, Department of Law, University of Hong Kong LEO GOODSTADT formerly Hong Kong government's Chief Policy Adviser as Head of its Central Policy Unit CHRISTOPHER MUNN Lecturer and author BYRON S.J. WENG formerly Professor and Chairman, Department of Government and Public Administration, Chinese University of Hong Kong PETER WESLEY-SMITH formerly Professor of Constitutional Law, University of Hong Kong.

Table of Contents

Preface and Acknowledgements List of Abbreviations Notes on the Contributors Commitment to the Rule of Law and Judicial Independence; S.Tsang The Rule of Law and Criminal Justice in the Nineteenth Century; C.Munn Judicial Independence under the Basic Law; B.Weng The National Security Factor: Putting Article 23 of the Basic Law in Perspective; H.Fu Individual and Institutional Independence of the Judiciary; P.Wesley-Smith Prospect for the Due Process under Chinese Sovereignty; J.Chan Freedom of the Press and the Rule of Law; R.Cullen Prospect for the Rule of Law: The Political Dimension; L.F.Goodstadt Index

Editorial Reviews

'...painstaking, well-documented, and plain-spoken survey of one of the foundations of life in Hong Kong today.' - Jonathan Mirsky

From the Publisher

The Crown Colony of Hong Kong became a Special Administrative Region (SAR) of the People's Republic of China (PRC) in July 1997. This book examines whether judicial independence and the rule of law can survive in Hong Kong under Chinese sovereignty. It examines their protection under Hong Kong's Basic Law, the institutional and individual independence of the judiciary, and the maintenance of due process and a free press. Material originated at a 1998 workshop held at the Asian Studies Center at St. Antony's College, Oxford University, and has been revised to take into account new developments through June 1999. Tsang is reader in politics and research fellow at St. Antony's College, Oxford University, and director of its Asian Studies Center. Annotation c. Book News, Inc., Portland, OR (booknews.com)

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