Judicial Independence and the Rule of Law in Hong Kong

Overview

This book examines whether judicial independence and the rule of law can survive in Hong Kong under Chinese sovereignty. Contributors assess 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. They also scrutinize the threats stemming from the need to accommodate national security and wider political concerns. These assessments are set in the context of a comparison with the early years of British rule and ...
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Overview

This book examines whether judicial independence and the rule of law can survive in Hong Kong under Chinese sovereignty. Contributors assess 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. They also scrutinize the threats stemming from the need to accommodate national security and wider political concerns. These 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.
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Editorial Reviews

Booknews
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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Product Details

  • ISBN-13: 9780333930526
  • Publisher: Palgrave Macmillan
  • Publication date: 7/28/2001
  • Series: St. Antony's Series
  • Pages: 224
  • Product dimensions: 5.88 (w) x 8.90 (h) x 0.73 (d)

Meet the Author

Steve Tsang is Louis Cha Senior Research Fellow at St. Anthony's College, Oxford University, and Director of its Asian Studies Centre.

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Table of Contents

Preface and Acknowledgements
List of Abbreviations
Notes on the Contributors
1 Commitment to the Rule of Law and Judicial Independence 1
2 The Rule of Law and Criminal Justice in the Nineteenth Century 19
3 Judicial Independence under the Basic Law 48
4 The National Security Factor: Putting Article 23 of the Basic Law in Perspective 73
5 Individual and Institutional Independence of the Judiciary 99
6 Prospect for the Due Process under Chinese Sovereignty 132
7 Freedom of the Press and the Rule of Law 157
8 Prospects for the Rule of Law: the Political Dimension 180
Index 202
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