The Ranking of the International Law in the Framework of “The Basic Law of the Macao SAR of the People's Republic of China” and the Introspection on the Perplexities of Fundamental Rights

Author(s):  
Fong Man Chong
2020 ◽  
pp. 1-17
Author(s):  
Simon N.M. Young

The Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (NSL) was passed on June 30, 2020 by the Standing Committee of the National People's Congress (NPCSC). It did not have immediate direct effect in the Hong Kong Special Administrative Region (HKSAR). After consulting the Committee for the Basic Law of the HKSAR (BLC) and the Government of the HKSAR (HKSARG), the NPCSC added the NSL to Annex III of The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China (Basic Law) before the Chief Executive of the HKSAR (Chief Executive) promulgated the NSL for local application. All this happened on June 30, enabling the NSL to enter into force at 11 p.m., just ahead of the twenty-third anniversary of the establishment of the HKSAR on July 1, 2020.


1997 ◽  
Vol 91 (3) ◽  
pp. 493-517
Author(s):  
Marian Nash (Leich)

On March 3,1997, President William J. Clinton transmitted to the Senate for its advice and consent to ratification as a treaty the Agreement Between the Government of the United States of America and the Government of Hong Kong for the Surrender of Fugitive Offenders, signed at Hong Kong on December 20,1996. In his letter of transmittal, President Clinton pointed out that, upon its entry into force, the Agreement would “enhance cooperation between the law enforcement communities of the United States and Hong Kong, and … provide a framework and basic protections for extraditions after the reversion of Hong Kong to the sovereignty of the People’s Republic of China on July 1, 1997.” The President continued: Given the absence of an extradition treaty with the People’s Republic of China, this Treaty would provide the means to continue an extradition relationship with Hong Kong after reversion and avoid a gap in law enforcement. It will thereby make a significant contribution to international law enforcement efforts.The provisions of this Agreement follow generally the form and content of extradition treaties recently concluded by the United States. In addition, the Agreement contains several provisions specially designed in light of the particular status of Hong Kong. The Agreement’s basic protections for fugitives are also made expressly applicable to fugitives surrendered by the two parties before the new treaty enters into force.


2020 ◽  
Vol 7 (11) ◽  
pp. 354-367
Author(s):  
Yulian Azhari

The dispute that occurred in the North Natuna Sea has attracted international attention, including the superpower United States of America and the People's Republic of China and countries in the Southeast Asian region. This escalation of tensions occurred when the People's Republic of China built military bases in areas considered the nine dash lines that the PRC claims as part of their country. International law continues to fail to enforce the North Natuna Sea. It is clear that international law has so far tried - and failed - to contain China's advances in the North Natuna Sea. Existing confidence-building measures must match China's increasingly hegemonic claims. If not, the rules-based order will face continued erosion and smaller countries in Southeast Asia will suffer the consequences. This study uses a qualitative approach with socio-historical analysis to reveal past events, especially in the field of maritime law, which are unknown to the international community.  


2019 ◽  
Vol 18 (4) ◽  
pp. 837-931
Author(s):  
Xiaohui Wu

Abstract This Survey covers materials reflecting Chinese practice in 2018 relating to: treaties, agreements and other documents signed or ratified by the People’s Republic of China; national legislation; statements made by Chinese representatives at the meetings of the UN and other international organizations, international conferences, and those made by the Foreign Ministry spokespersons, with respect to various branches of international law; and judicial decisions, in particular on the applicability and application of international conventions, by Chinese courts.


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