hong kong s court of final appeal

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Hong Kong S Court Of Final Appeal

Author : Simon N. M. Young
ISBN : 9781107276475
Genre : Law
File Size : 88. 89 MB
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In the years since it was established on 1 July 1997, Hong Kong's Court of Final Appeal has developed a distinctive body of new law and doctrine with the help of eminent foreign common law judges. Under the leadership of Chief Justice Andrew Li, it has also remained independent under Chinese sovereignty and become a model for other Asian final courts working to maintain the rule of law, judicial independence and professionalism in challenging political environments. In this book, leading practitioners, jurists and academics examine the Court's history, operation and jurisprudence, and provide a comparative analysis with European courts and China's other autonomous final court in Macau. It also makes use of extensive empirical data compiled from the jurisprudence to illuminate the Court's decision-making processes and identify the relative impacts of the foreign and local judges.

Hong Kong S Court Of Final Appeal

Author : Simon N. M. Young
ISBN : 9781107011212
Genre : Law
File Size : 83. 31 MB
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This book is primarily about how a former British colony, now a part of China, established its own final court (to replace the Privy Council), and how that court under a new constitutional order developed the law in Hong Kong in its first thirteen years, under the leadership of its first Chief Justice, Andrew Li. In doing so we look broadly at the question of whether the court has acted justly and delivered justice to the litigants. The first part of the book provides a broader context to view at these issues. So there are chapters describing the context of China and autonomy, followed by a chapter on the Macau Court. But these chapters only serve to provide a kind of foil from which to see and understand the Hong Kong Court.

Another Disaster

Author : Denys Roberts
ISBN : 1845111125
Genre : Biography & Autobiography
File Size : 63. 47 MB
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This is an entertaining account of life in one of the last chapters of imperial history. In this engaging and amusing memoir, Denys Roberts chronicles his time in Hong Kong as Solicitor General in 1962 to his rise to the office of Chief Justice, which he remained until his retirement in1988. He paints a picture of the unique social life in Hong Kong and a detailed picture of the nature and structure of classic Crown Colony government and administration

Introduction To Crime Law And Justice In Hong Kong

Author : Mark S. Gaylord
ISBN : 9789622099784
Genre : Law
File Size : 80. 45 MB
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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.

Hong Kong S Constitutional Debate

Author : Johannes M.M. Chan
ISBN : 9789622095090
Genre : Law
File Size : 27. 8 MB
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This book explores legal and constitutional issues in Hong Kong's relationship with mainland China through an analysis of the litigation on the right of abode of the children of Hong Kong residents who are born and live in the mainland. The litigation in the Hong Kong courts and the subsequent interpretation by the Standing Committee of the National People's Congress were followed with keen interest both locally and internationally, and had provoked great controversy. The differing approaches to and styles of interpretation of the Court and the Standing Committee provide a vivid demonstration of the clash of legal systems within which Hong Kong's constitutional system has to operate. These issues are discussed in this book by Hong Kong's leading legal scholars and practitioners. This book offers perspectives to solve these controversies and to develop an acceptable approach to the interpretation of the Basic Law. It captures the sustained public debate on constitutional issues and provides a historical record of this constitutional debate. It also contains the full texts of the decision of the Court and the Interpretation by the Standing Committee.

Introduction To The Hong Kong Basic Law

Author : Danny Gittings
ISBN : 9789888139484
Genre : Law
File Size : 79. 47 MB
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Effective since China's resumption of sovereignty on 1 July 1997, the Hong Kong Basic Law lays down the general policies and system of government for Hong Kong under the "one country, two systems" formula. It guarantees Hong Kong a high degree of autonomy, enshrines the rights and freedoms of residents, and preserves a separate common law system with an independent judiciary. This introduction traces the origins of the Hong Kong Basic Law and the concepts and legal issues that surround it. Drawing on the experience of the first 15 years, it then analyses the content of the Hong Kong Basic Law, especially in relation to Hong Kong's political system, the judiciary, and human rights. Intended especially for students at all levels in law, politics, and other disciplines, this book—the only introductory guide of its kind to the subject—will also appeal to the general reader interested in Hong Kong's experience under "one country, two systems". "Danny Gittings's Introduction to the Hong Kong Basic Law makes a significant contribution to an important subject. It is expressed in reader-friendly terms. The insights that it provides are of value not only to lawyers but also to the general public." —The Hon. Mr. Justice Kemal Bokhary, Permanent Judge of the Hong Kong Court of Final Appeal (1997–2012), Non-Permanent Judge (2012– ). "This well-researched and very readable introduction explains the history, practices and future of the Basic Law—Hong Kong's key constitutional document. It also explores how far the Basic Law is able to address the many political and legal issues now facing Hong Kong. The book is suitable for a wide range of readers. Students of Hong Kong law at all levels will find it essential reading. General readers with an interest in Hong Kong's governance will find in it a lucid and accurate guide—and a timely one as the debate about implementing democracy intensifies." —Professor Fu Hualing, Faculty of Law, University of Hong Kong. "Many of us approach law books with trepidation. But Gittings, a legal academic, used to be a journalist and this shows in his ability to make the book accessible to the general reader. [...] The Basic Law will continue to be central to issues facing the city for years to come. This book enables the reader to quickly acquire a much better understanding of them." — South China Morning Post "As Professor Gittings points out in his book, which includes a chapter on what might happen after Hong Kong’s 50-year autonomy ends, readability was a key aim. Acronyms are kept to a minimum and details set up neatly and comprehensively in footnotes so that the main text is kept as clean as possible." — Hong Kong Lawyer

Asia Pacific Judiciaries

Author : H. P. Lee
ISBN : 9781107137721
Genre : Law
File Size : 90. 19 MB
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Explores judicial independence, integrity and impartiality in Asia-Pacific countries.

Precarious Balance Hong Kong Between China And Britain 1842 1992

Author : Ming K. Chan
ISBN : 9781317462224
Genre : Political Science
File Size : 31. 55 MB
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This work closely considers the history and political importance of Hong Kong in the period 1842 to 1992.

Yearbook Of Private International Law

Author : Petar Sarcevic
ISBN : 9789041120625
Genre : Law
File Size : 35. 72 MB
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Despite the effects of globalization, regional and national developments are still an obstacle to the quest for worldwide unification of Private International Law. Numerous contribution of volume IV of the Yearbook of Private International Law (2002) are devoted to such developments. The entire section "Doctrine" deals with the extremely important conflicts developments in the European Union. The fact that rules of private international law have become part of the acquis communaitaire under the Treaty of Amsterdam does not seem to exclude national legislation. The best example is the fact that Belgium is now in the last phase of adopting a new private International Law Act, the draft of which is presented in this volume. This shows that the tradition of national conflict of laws is still strong in the EU Member States and continues to develop parallel to the European quest for universalism. The achievement of the Inter-American Conference, presented in this volume in the column 'News from Washington', are another important example of important regional developments. In the section "National reports," in addition to reports on new developments in Canada and China, we are also pleased to have a Russian report presenting an overview of the new legislation on private international law adopted in 2002. Although one might question the solutions of some of the new rules, they certainly represent significant progress in Russia's endeavor to endorse the rule of law. The overview on the activities of uniform law organizations includes this year, together with the usual report on the on-going work in Hague Conference, a report on the recent Unidroit achievements, in particular in the field ofsecured transactions. Finally, the new sectionn "Report on court decisions" and the section "Forum" include interesting contributions on subjects of company, trust, competition and labour law.

Insolvency Law In East Asia

Author : Roman Tomasic
ISBN : 9780754680420
Genre : Law
File Size : 43. 83 MB
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This volume provides an overview of insolvency laws and related rules and procedures in the countries of East Asia. So far as possible, given the varying states of legal development, each chapter addresses key themes such as: the legal system and culture; personal insolvency laws; corporate insolvency rules; court based schemes of arrangement; winding up procedures; liquidators; enforcement; and offences.

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