The Hong Kong Legal System

Offers an accessible overview of Hong Kong's legal system and guides first-year law students in legal research and methods.

"The Hong Kong Special Administrative Region has a legal system based on the Basic Law. This book is the first text after the handover to describe and explain what is in effect, despite the many continuities, a brand new system."--BOOK JACKET.

Providing an overview of the Hong Kong legal system and constitution, this monograph is the first concise and comprehensive guide to such topics as the process of legislative law-making in Hong Kong, imported law, literary sources, court structure, the interpretation of statutes, and legal personnel and institutions.

Under the 1984 Sino-British Joint Declaration on the future of Hong Kong the previous capitalist system and life-style shall remain unchanged for 50 years. This concept has been embedded in the Basic Law of Hong Kong. The future of the Common Law judicial system in Hong Kong depends on the perceptions of it by Hong Kong's Chinese population; judicial developments prior to July 1, 1997, when Hong Kong passes from British to Chinese control; and the Basic Law itself. All of these critical issues are addressed in this book. It applies survey and statistical analysis to the study of the attitudes toward, and the values inherent to, the Common Law judicial system in the unique cultural and economic milieu of Hong Kong in transition.

An essential text for anyone interested in crime, law and justice in Hong Kong, this book offers the only comprehensive survey of all the major parts of Hong Kong's criminal justice system. It also provides an introduction to some key areas of the Hong Kong legal system, including the judiciary, criminal law and legal assistance. The book will appeal not only to social and political science students but also those studying for a number of law courses.

This is the first systematic analysis of the constitutional, legal, economic, social and political systems of Hong Kong as a special administrative region of China. It examines the Basic Law against its historical and socio-economic contexts, including its international and domestic foundations, and the loss and the resumption of sovereignty by China. The author offers a conceptualization of the Basic Law and locates it within China's constitutional, political and legal systems. The book explores the balance as well as the tensions between the autonomy of Hong Kong and the sovereignty of China, which are aggravated by the necessity to accommodate contrasting economic and political systems. It also identifies key legal and political problems that are likely to arise in implementing the Basic Law and suggests an approach to its interpretation. The Basic Law provides a fascinating example of the interaction of widely different traditions of law, politics and economy, and a novel system of autonomy. Its study is therefore of great interest to scholars of comparative law and politics. This new edition covers significant political, constitutional and legal developments since the transfer of sovereignty in July 1997.

Text, Cases and Commentary on the Hong Kong Legal System covers all the topics encompassed in the syllabus for "Hong Kong Legal System", as required for the Hong Kong Conversion Examination for PCLL Admission. Starting with an overview of Hong Kong legal history, the book provides a detailed description of the Hong Kong legal system and the basic primary source materials that underpin the subject. Regular commentary is provided on these primary materials. The book ends with an introduction to legal research in Hong Kong intended primarily for those who have studied law outside Hong Kong. This book is ideal for those intending to take the pre-PCLL conversion examination, especially those preparing by self-study. However, with the inclusion of a wide range of thought-provoking readings, it should also be of interest to general academic and legal readers who wish to have a deeper understanding of how law operates in Hong Kong. The development of Hong Kong's unique political "experiment", "One Country, Two Systems", should also be of concern to all those with an interest in comparative legal studies and in the interface between law and politics.

Presents a comprehensive new text on administrative law in Hong Kong; discusses judicial review, administrative tribunals, the Ombudsman and subsidiary legislation.