Constitutional Law in Hong Kong - 9041133984 - 9789041133984

by: Anton Cooray, Lin Feng, Anthony Law, Michael Littlewood, Hareed Zafrullah
September 2010, ISBN 9041133984
ISBN 13: 9789041133984
304 pp. Paperback

USD price: $130.00

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 an

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.

The Authors. List of Abbreviations. General Introduction. Chapter 1. An Outline of Hong Kong’s Constitutional History. Chapter 2. The Form of Colonial Government at the Time of the Handover of Hong Kong in 1997. Chapter 3. The Form of Government under the Basic Law. Chapter 4. Hong Kong: Territory (Geographic Data). Chapter 5. Population (Demographic Data). Selected Bibliography. Table of Cases. Table of Statutes. Part I. Sources of Constitutional Law Chapter 1. Treaties. Chapter 2. Constitution (Typification, Procedure for Amending the Constitution). Chapter 3. Legislation and Other Equivalent Legal Norms. Chapter 4. Jurisprudence. Chapter 5. Customary Law, Unwritten Law, and General Principles of Law. Chapter 6. Subordinate Rules and Regulations. Chapter 7. Codification, Interpretation and Hierarchy of Legal Rules. Part II. Form of Government Chapter 1. General. Chapter 2. Head of State. Chapter 3. The Legislature. Chapter 4. The Executive. Chapter 5. The Judiciary in Hong Kong. Chapter 6. Independent, Non-Political Agencies in the Legislative or Executive Branch. Part III. The State and Its Subdivisions Chapter 1. The Relationship between the Chinese Central Authorities and the HKSAR. Chapter 2. Interpretation of the Basic Law. Chapter 3. District Administration. Part IV. Citizenship and the Administration of Justice Chapter 1. Rules Concerning Nationality and the Relevance of Nationality. Chapter 2. Fundamental Rights and Liberties. Chapter 3. Constitutional Problems of Minorities (Protection of Minorities and Group Rights). Chapter 4. Judicial Control of Administrative Action. Chapter 5. Legal Position of Aliens. Part V. Special Problems Chapter 1. War, Treaty and Foreign Affairs Powers. Chapter 2. The Taxing and Spending Powers. Chapter 3. Emergency Laws (Legislation Under Emergency Powers for War or Under Other Extraordinary Circumstances). Chapter 4. The Constitutional Relationship between Church and State. Index.