National Security and Fundamental Freedoms

National Security and Fundamental Freedoms
Author: Hualing Fu
Publisher: Hong Kong University Press
Total Pages: 540
Release: 2005-03-01
Genre: Law
ISBN: 9789622097322

There has been intense interest in the proposals to implement Article 23, both in Hong Kong and abroad. This book will be valuable to anyone who has followed or participated in that debate or has an interest in the delicate balance between civil liberties and national security. The book will be particularly useful for legislators, policy-makers, lawyers, journalists, historians, teachers, and students, especially in the fields of law and the social sciences. The statutory Appendix will assist teachers and students to draw comparisons between existing law and the government's proposals. In 2003 more than 500,000 people marched in Hong Kong against the National Security (Legislative Provisions) Bill, which would have prohibited treason, sedition, secession, and subversion against the national government of China and included new mechanisms for proscribing political organisations. This edited collection analyses that legislation, particularly the implications for civil liberties and the one country two systems model. Although the massive protest compelled the Hong Kong government to withdraw the Bill from the legislature in 2003, it will likely propose similar legislation in the future because Hong Kong has a constitutional obligation to implement Article 23 of the Basic Law. The book provides detailed and balanced commentary on the Bill, explains why certain proposals proved so controversial, and offers concrete recommendations on how to improve the proposals before the next legislative exercise. Fu Hualing is an Associate Professor and Director of the Centre for Comparative and Public Law, Faculty of Law, of the University of Hong Kong. His research interests include social legal studies, human rights and criminology. He has an LLB from Southwestern University of Law and Politics (China), an MA from the University of Toronto (Canada) and a doctorial degree from Osgoode Hall Law School (Canada). Carole J. Petersen is an Associate Professor and a former Director of the Centre for Comparative and Public Law, Faculty of Law, of the University of Hong Kong. She has been teaching law in Hong Kong since 1989, specializing in constitutional law, human rights, and anti-discrimination law. She has a BA from the University of Chicago, a JD from Harvard Law School, and a Post-graduate Diploma in the Law of the People’s Republic of China from the University of Hong Kong. Simon N. M. Young is an Associate Professor and Deputy Director of the Centre for Comparative and Public Law, Faculty of Law, of the University of Hong Kong. He teaches criminal law, evidence and legal aspects of white collar crime. Previously, he was Counsel in the Crown Law Office-Criminal, Ministry of the Attorney General for Ontario, in Toronto, Canada. He obtained his LLB from the University of Toronto and his LLM from Cambridge University. “This collection of essays on the saga of Hong Kong’s efforts to address the mandate of Article 23 in the Basic Law of the Hong Kong Special Administrative Region and related matters is likely to be an extremely useful resource for a number of audiences. These include those directly engaged with the issue of legislation and policymaking in Hong Kong in both public institutions and in the community; those who have an interest in the development of Hong Kong’s political and legal system and its relationship to the system of Mainland China; and those with an interest in national security and anti-terrorism legislation more generally, from a comparative perspective. The overall quality and range of the contributions is strong. The topic itself is a current and important one, and the collection is an important contribution to the field.” — Andrew Byrnes, Professor of Law, Australian National University “The debate on legislation to ensure the sovereignty and security of the PRC against threats from Hong Kong was a turning point in the Special Administrative Region’s political history. It showed that while some Hong Kong residents may have reservations about democracy, human rights are cherished by almost all. It also showed that people can influence policy even without formal institutions of democracy. The authors of this book played a leading role in the debate, clarifying the legal issues, which was critical to an informed debate.” — Yash Ghai, Sir Y.K. Pao Professor of Public Law, University of Hong Kong

The Foundation of the Catholic Mission in Hong Kong, 1841-1894

The Foundation of the Catholic Mission in Hong Kong, 1841-1894
Author: Ha Keloon Louis
Publisher: 三聯書店(香港)有限公司
Total Pages: 559
Release: 2018-06-02
Genre: Religion
ISBN: 9620436024

The Catholic Church is one of the few institutions that have survived since the inception of the British colony. She has contributed much during its development. As early as 1841, she set up a mission in Hong Kong. She and her various religious orders and congregations engaged in charitable works for the poor and the elderly in the early days of Hong Kong, greatly relieving the burden on the newly established colonial government. Today, apart from religious services, the Catholic Church still plays an important role in providing Hong Kong with diversified and professional services in medical care, education and social welfare. Historical studies on the Catholic Church in Hong Kong of a comprehensive nature are rare in comparison with other religions. The reasons of this may include the complicated organizational structure of the Catholic Church and the multiple languages used in the archival documents, such as Latin, French, Italian and Portuguese. As a Catholic clergy, the author of this book, Fr Louis Ha, is knowledgeable about the internal operation of the Church. He is also familiar with many European languages which help him master the original records and guarantee the credible result of his research. The contents of this book are based on the large number of documents provided by the Hong Kong Diocesan Archives Office, by archives in the Vatican and in various religious orders in Europe. As an objective and impartial historian, Fr. Louis Ha honestly pointed out the power struggle in the Church, the confrontation with the government, the competition between Chinese and foreign clerics. In fact, a candid description of the Catholic Church in Hong Kong is shown in front of the readers. Definitely, it is a precious reference book for the study of the local society, religion, education, and charitable work in early Hong Kong.

Constitutional Law in Hong Kong

Constitutional Law in Hong Kong
Author: Anton Cooray
Publisher: Kluwer Law International B.V.
Total Pages: 594
Release: 2022-10-20
Genre: Law
ISBN: 9403545240

Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Hong Kong provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Hong Kong will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.

Hong Kong in Chinese History

Hong Kong in Chinese History
Author: Jung-fang Tsai
Publisher: Columbia University Press
Total Pages: 404
Release: 1993
Genre: History
ISBN: 9780231079334

This historical study traces unrest and social transformation in Hong Kong and explores how merchants, the intelligentsia and labourers played important roles in China's social and political movements from the mid-19th century until the first years of the Chinese Republic.

The Hong Kong Legal System

The Hong Kong Legal System
Author: Stefan H. C. Lo
Publisher: Cambridge University Press
Total Pages: 447
Release: 2019-12-19
Genre: Law
ISBN: 1108721826

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

Common Law in an Uncommon Courtroom

Common Law in an Uncommon Courtroom
Author: Eva N.S. Ng
Publisher: John Benjamins Publishing Company
Total Pages: 254
Release: 2018-11-15
Genre: Language Arts & Disciplines
ISBN: 9027263167

This book takes you into a common-law courtroom which is in no way similar to any other courtroom where common law is practised. This uniqueness is characterised, in particular, by the use of English as the trial language in a predominantly Cantonese-speaking society and by the presence of other bilinguals in court, thus presenting specific challenges for the interpreters who work in it, and at times rendering the interpretation service superfluous. This study, inter alia, problematises judges’ intervention in the court proceedings, Chinese witnesses testifying in English, as well as English-language trials heard by Chinese jurors. It demonstrates how the use of chuchotage proves to be inadequate and inappropriate in the Hong Kong courtroom, where interpreting in an English-language trial is arguably provided to cater for the need of the linguistic majority. This book is useful to interpreters, language educators, legal professionals, forensic linguists and policy makers alike.

Australia's Asia

Australia's Asia
Author: David Robert Walker
Publisher: Apollo Books
Total Pages: 388
Release: 2012
Genre: Asia
ISBN: 9781742583495

To think that Australia is confronting Asia for the first time in the 21st century is to deny Australia's history and the self-awareness that comes from understanding that the country has been here before. Asia appears throughout modern Australian history as a source of anxiety or hope. It has been a presence both within and outside Australia, shaping who Australians are, as well as the country's engagement with the wider world. This book assembles an impressive group of scholars across a range of disciplines to present a broadly conceived cultural history that places Asia at or near the center of Australia's national story. *** "Australia's Asia: From Yellow Peril to Asian Century captures the essence of the pendulum swings that have characterized Australian approaches to Asia over the past century and a half. ... The editors have done a first-class job in assembling high-quality chapters that make an important contribution to the existing literature on Australia and Asia. ... Moreover, this book tells an important story about the role and impact of individuals -- not just elites, but in many cases ordinary citizens -- in building Australia's relations with Asia. It is a valuable remedy to the ahistorical approach of so many of the debates within Australia over regional engagement and is a useful text for those outside Australia interested in acquiring insights into what motivates the country's approach to its region." - Pacific Affairs, Vol. 87, No. 4, December 2014Ã?Â?Ã?Â?Ã?Â?Ã?Â?

Making Commercial Law through Practice 1830–1970

Making Commercial Law through Practice 1830–1970
Author: Ross Cranston
Publisher: Cambridge University Press
Total Pages: 529
Release: 2021-05-27
Genre: Business & Economics
ISBN: 1107198895

Draws on archival research to tell the story of the nineteenth and twentieth-century development of commercial law through practice.