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Hong Kong's Constitutional Debate: Conflict Over Interpretation

Hong Kong's Constitutional Debate: Conflict Over Interpretation

作者： Johannes M M Chan; H L Fu; Yash Ghai
出版商： Hong Kong University Press
ISBN: 9789622095090
出版时间 February 2000
规格： Paperback , 548 pages
适应领域： Hong Kong ? 免责申明：
Countri(es) stated herein are used as reference only

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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.
Part I: Academic Analysis

1. Litigating the Basic Law: Jurisdiction, Interpretation and Procedure
Yash Ghai

2. Why the Court of Final Appeal Was Wrong: Comments of the Mainland Scholars on the Judgment of the Court of Final Appeal
Xiao Weiyun and others

3. Judicial Independence: A Reply to the Comments of the Mainland Legal Experts on the Constitutional Jurisdiction of the Court of Final Appeal
Johannes M M Chan

4. The Court of Final Appeal's Ruling in the 'Illegal Migrant' Children Case: Congressional Supremacy and Judicial Review
Albert H Y Chen

5. Supremacy of a Different Kind: The Constitution, the NPC, and the Hong Kong SAR
H L Fu

6. The Court of Final Appeal's Ruling in the 'Illegal Migrant' Children Case: A Critical Commentary on the Application of Article 158 of the Basic Law
Albert H Y Chen

7. The Reference to the Standing Committee of the National People's Congress under Article 158 of the Basic Law: The Question of Methodology
Denis Chang

8. The Proper Law for the Conflict between the Basic Law and Other Legislative Acts of the National People's Congress
Bing Ling

9. What the Court of Final Appeal Has Not Clarified in Its Clarification: Jurisdiction and Amicus Intervention
Johannes M M Chan

10. Interpretation of Law by the Standing Committee of the National People's Congress
Hongshi Wen

11. The NPC Interpretation and Its Consequences
Yash Ghai

Part II: Public Debate

1. Reaction to the CFA Decision

2. Reaction to the Clarification

3. Impact Assessment of the Government

4. Interpretation or Amendment

Part III: Cases and Documents

1. Ng Ka Ling and Others v Director of Immigration [1999] 1 HKLRD 315

2. Ng Ka Ling and Others v Director of Immigration (No 2) [1999]1 HKLRD 577

3. Chan Kam Nga and Others v Director of Immigration [1999] 1 HKLRD 304

4. The Chief Executive's Report to the State Council Concerning the Right of Abode

5. The Interpretation by the Standing Committee of the National People's Congress of Articles 22(4) and 24(2)(3) of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China

6. The Speech by Mr Qiao Xiaoyang in the NPC Standing Committee

7. Lau Kong Yung and Others v Director of Immigration, Final Appeal Nos. 10 and 11 of 1999 (Civil) (On Appeal From CACV Nos. 108 and 109 of 1999)
Johannes M M Chan is Professor (Reader) and Head of the Department of Law, the University of Hong Kong. He has written widely on international and local human rights issues. He is a practising barrister and also co-editor of the Hong Kong Public Law Reportsand the Basic Law and Human Rights Bulletin.

H L Fu is an Assistant Professor in the Department of Law, the University of Hong Kong. His research interests include Chinese criminal justice system, human rights in mainland China, and interactions between Hong Kong and mainland legal systems.

Yash Ghai is the holder of the Sir Y K Pao Chair in Public Law in the Department of Law, the University of Hong Kong. He has written extensively on constitutional law including human rights and ethnic conflicts, and has advised governments and other bodies in constitutional developments.

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