Canaries or Colonials? The Reduced Prominence of the ‘Overseas Judges’ on Hong Kong's Court of Final Appeal

2022 ◽  
pp. 1-31
Author(s):  
Stuart Hargreaves
Keyword(s):  
Hong Kong ◽  
Good Reason ◽  
Early Years ◽  
Independent Judiciary ◽  
The Status ◽  
One Country Two Systems ◽  
The One ◽  
Systems Framework ◽  
The Relationship

Abstract Typically one member of a sitting panel of Hong Kong's Court of Final Appeal is a senior jurist drawn from another common law jurisdiction. In the Court's early years, these ‘overseas judges’ were responsible for writing approximately one quarter of the lead opinions across a vast range of cases. This article demonstrates, however, that this practice has changed. The overseas judges now write a smaller share of lead opinions and no longer write lead opinions related to issues of fundamental human rights or the relationship between Hong Kong and the rest of China. This article suggests this change has been made for good reason. Though valid questions about the legitimacy of the role of the overseas judges can be made, they also continue to perform a valuable communicative role regarding the status of Hong Kong's judicial independence under the ‘one country, two systems’ framework. A recent rise in attacks on overseas and other ‘foreign’ judges in Hong Kong can be understood as part of a broader project that seeks to constrain the role of the independent judiciary. By continuing to invite overseas judges to sit on the Court of Final Appeal but reducing their public prominence, the Court has sought not only to reduce avenues for attacks on the legitimacy of particular decisions, but to protect the autonomy and independence of the judiciary more broadly.

Jie Huang: Interregional Recognition and Enforcement of Civil and Commercial Judgments

2014 ◽  
Vol 9 (1) ◽  
Author(s):  
Tan Lee Cheng
Keyword(s):  
Hong Kong ◽  
Comparative Study ◽  
Mainland China ◽  
Status Quo ◽  
The Us ◽  
Two Systems ◽  
The Status ◽  
Recognition And Enforcement ◽  
One Country Two Systems ◽  
The One

AbstractReview of “Interregional Recognition and Enforcement of Civil and Commercial Judgments” by Professor Jie Huang (Oxford and Portland, Oregon: Hart Publishing, 2014) which analyses the status quo of judgment recognition and enforcement in the Mainland China, Macao and Hong Kong under the ‘One Country, Two Systems’ regime. The book also presents a comparative study of the interregional recognition and enforcement of judgments in the US and EU.

Jie Huang: Interregional Recognition and Enforcement of Civil and Commercial Judgments, Oxford and Portland, OR: Hart Publishing, 2014, 352 pp. Hardcover £65/€84.50

2014 ◽  
Vol 9 ◽  
pp. 381-385
Author(s):  
Tan Lee Cheng
Keyword(s):  
Hong Kong ◽  
Comparative Study ◽  
Mainland China ◽  
Status Quo ◽  
The Us ◽  
Two Systems ◽  
The Status ◽  
Recognition And Enforcement ◽  
One Country Two Systems ◽  
The One

AbstractReview of “Interregional Recognition and Enforcement of Civil and Commercial Judgments” by Professor Jie Huang (Oxford and Portland, Oregon: Hart Publishing, 2014) which analyses the status quo of judgment recognition and enforcement in the Mainland China, Macao and Hong Kong under the ‘One Country, Two Systems’ regime. The book also presents a comparative study of the interregional recognition and enforcement of judgments in the US and EU.

The emergence and transformation of self-determination claims in Hong Kong and Catalonia: A historical institutionalist perspective

Ethnicities ◽  
2018 ◽  
Vol 20 (1) ◽  
pp. 3-23 ◽  
Author(s):  
André Lecours ◽  
Jean-François Dupré
Keyword(s):  
Hong Kong ◽  
Central Government ◽  
Early Years ◽  
Self Determination ◽  
Constitutional Court ◽  
Regional Autonomy ◽  
Basic Law ◽  
One Country Two Systems ◽  
1997 Handover ◽  
The One

Using a historical institutionalist framework emphasizing the importance of transformative events, this paper seeks to explain the sudden emergence of self-determination claims in Hong Kong and their transformation into separatist ones in Catalonia. The paper argues that the inflexibility of the state in addressing moderate demands for regional autonomy has played a major role in the emergence and radicalization of these demands. In Hong Kong, the 1997 Handover from British to Chinese sovereignty was originally presented as an opportunity for self-governance under the principle of “Hong Kong People ruling Hong Kong” and the “One Country, Two Systems” formula. If Hong Kong nationalism was practically unheard of in the early years of the Handover, the unconciliatory attitude of the central government towards moderate demands for the actualization of the autonomy and democratization frameworks vested in Hong Kong’s Basic Law has directly contributed to the formation of today’s emerging self-determination movement. In Catalonia, the 2010 decision of the Spanish Constitutional Court to annul some articles of the reform to the Statute of Autonomy of Catalonia and to interpret others narrowly represented a transformative event that took Catalonia onto the pathway of secessionist politics. The secessionist turn was then further fed by the on-going refusal of the central government to negotiate with the Catalan government, notably on the notion of a popular consultation on the political future of the Autonomous Community.

scholarly journals What model for extradition between Hong Kong and mainland China? A comparison between the 2019 (withdrawn) amendment to Hong Kong extradition law and the European Arrest Warrant

2020 ◽  
Vol 11 (4) ◽  
pp. 504-523
Author(s):  
Yanhong Yin ◽  
Irene Wieczorek
Keyword(s):  
Hong Kong ◽  
Mainland China ◽  
Arrest Warrant ◽  
Republic Of China ◽  
Domestic Legislation ◽  
European Arrest Warrant ◽  
One Country Two Systems ◽  
The One ◽  
International Systems

This article provides an analysis of the bill proposed in 2019 to amend Hong Kong Fugitive Offenders Ordinance (FOO), Hong Kong domestic legislation on extradition. The FOO Amendment Bill introduced the possibility of, and detailed the conditions for, surrendering fugitives from Hong Kong to other regions of the People’s Republic of China (PRC), among which, controversially, mainland China. After multiple protests, the proposal was withdrawn. It nonetheless represents the first attempt of introducing a legal basis for extradition between Hong Kong and mainland China, and it is thus deserving of close scrutiny. The article describes the unique constitutional setting in which this amendment was proposed, Hong Kong and mainland China being two regions of the same sovereign country which have two radically different legal systems under the ‘One Country, Two Systems’ principle. It compares the proposed system for extradition between these two regions with the rules regulating extradition between Hong Kong and third states, and with international systems for surrender, including the European Arrest Warrant and the UN Model Extradition Treaty. It shows that the FOO Amendment Bill would have put in place a surrender system in some respects less advanced and subject to more obstacles than standard international extradition Treaties and than the system regulating extradition between Hong Kong and third countries. This is the case, for instance, for the rules on penalty thresholds and on double criminality. Conversely, in other respects, it would have been even more advanced (and with fewer obstacles) than the European Arrest Warrant, one of the most advanced systems of international surrender. This is notably the case for the rules regulating extradition of Hong Kong residents to other parts of the PRC. These latter were, however, among the more controversial aspects of the proposal. The article also discusses the challenges that reintroducing a similar proposal would face in the future, including in light of current political and legal developments – notably the Standing Committee of the National People’s Congress’s July 2020 adoption of the ‘Hong Kong National Security Law’. It suggests that one avenue to smoothen surrender proceedings between Hong Kong and mainland China would be taking a procedural rather than a substantive approach, namely by increasing the role of courts and decreasing the role of executive bodies in the extradition procedures.

scholarly journals Red capital in Hong Kong

2019 ◽  
Vol 8 (2) ◽  
pp. 149-160 ◽  
Author(s):  
Heidi Wang-Kaeding ◽  
Malte Philipp Kaeding
Keyword(s):  
Hong Kong ◽  
Stock Exchange ◽  
The Political ◽  
Content Type ◽  
Comparative Capitalism ◽  
Liberal Societies ◽  
One Country Two Systems ◽  
The One ◽  
Systems Framework ◽  
The Impact

Purpose The purpose of this paper is threefold: first, to recount the scale, composition and agents of red capital in Hong Kong; second, to conceptualise the peculiarity of red capital; and third, to explore the impact of red capital on the political and economic institutional setup in Hong Kong. Design/methodology/approach The paper consults the comparative capitalism literature to conceptualise the phenomenon of red capital. The paper gathers data from Hong Kong Stock Exchange and indices to provide an overview of red capital. Furthermore, the case study of 2016 Legislative Election is deployed to investigate the mechanisms of red capital’s influence. The paper concludes with a summary of how red capital may challenge the validity of the “One Country, Two Systems” framework. Findings This paper argues that red capital replicates China’s state–capital nexus in Hong Kong and morphs the game of competition in favour of Chinese nationally controlled companies. In tandem with the emerging visibility of the party–state in Hong Kong’s economic sphere, the authors observe attempts of Chinese economic actors to compromise democratic institutions, deemed obstacles to state control. Originality/value This paper is the first attempt to systematically embed the discussion of red capital into comparative capitalism literature. This study provides conceptual tools to examine why red capital could pose a threat to liberal societies such as Hong Kong. Through this paper, we introduce a novel research agenda to scrutinise capital from authoritarian states and investigate how the capital is changing the political infrastructure shaped by liberal principles and values.

scholarly journals The Complex Interplay of EU-China and EU-HKSAR Relations

2019 ◽  
Vol 20 (2) ◽  
pp. 93
Author(s):  
Antonia Gough
Keyword(s):  
Hong Kong ◽  
Colonial History ◽  
Systems Model ◽  
Two Systems ◽  
One Country Two Systems ◽  
The One ◽  
Democratic Norms ◽  
Systems Framework ◽  
Book Publishers ◽  
The Eu

Due to a unique colonial history, Hong Kong today operates under the “One Country, Two Systems” framework. In the years immediately following the handover, it was generally thought that this was working quite well. In recent years, however, tensions have arisen within the “One Country, Two Systems” model, most notably including the 2014 Umbrella Movement, the imprisonment of student protesters and various notable incidents like the disappearance of five book publishers. This article aims to uncover how consistent the EU is in promoting democratic norms in its relations with the HKSAR. Using discourse analysis of relevant EU documents, the article explores two things. Firstly, to investigate whether these tensions lead to potential (in)consistencies between what the EU says and how it in fact acts regarding disputes between Hong Kong and China. Secondly, since a large part of EU discourse stresses the promotion of values and norms such as democracy, this article analyses the consistency of this discourse.

scholarly journals Carrots, not Sticks: A Historical Analysis of Beijing's Economic Statecraft Towards Hong Kong

2021 ◽  
pp. 186810262110445
Author(s):  
Tim Summers
Keyword(s):  
Hong Kong ◽  
Historical Analysis ◽  
Economic Relations ◽  
Economic Statecraft ◽  
Two Systems ◽  
One Country Two Systems ◽  
The One ◽  
Economic Tools ◽  
Systems Framework

This analysis offers a historical assessment of “economic statecraft” in Beijing's approach to Hong Kong from 1997 to 2020. It discusses how the concept of “economic statecraft” can be applied to Beijing–Hong Kong relations given the nature of the “one country, two systems” framework, and looks at some differing perceptions about economic statecraft in Hong Kong. It argues that, during this period, economic tools were in general used by Beijing relatively sparingly, and in the form of inducements rather than coercion. In conclusion, the analysis suggests that the contested interpretations of Beijing–Hong Kong economic relations demonstrate that “economic statecraft” is to a certain extent in the eye of the beholder.

scholarly journals Hong Kong's Exercise of External Autonomy: a Multi-Faceted Appraisal

2006 ◽  
Vol 55 (4) ◽  
pp. 945-962 ◽  
Author(s):  
Roda Mushkat
Keyword(s):  
Hong Kong ◽  
Legal Order ◽  
Two Systems ◽  
Monitoring And Enforcement ◽  
Strategic Goals ◽  
One Country Two Systems ◽  
The Subject ◽  
The One ◽  
Systems Framework ◽  
Unique Status

Since the resumption of China's sovereignty over Hong Kong in 1997, academic and policy interest in its unique status has largely subsided. This may be attributed to the fact that the issue has formally been settled and the absence of effective mechanisms for monitoring and enforcement of compliance with the bilateral accord underpinning the new legal order. The marginalization of the subject has arguably left an analytical vacuum as several dimensions of the post-1997 picture merit attention on the part of international lawyers. One topic that continues to be of both practical and theoretical importance—the unconstrained pursuit, within the ‘One Country, Two Systems’ framework, of key strategic goals in the external arena—is addressed in this paper.

The Hong Kong Special Administrative Region at 20

2018 ◽  
Vol 7 (1) ◽  
pp. 89-101
Author(s):  
Tim Summers
Keyword(s):  
Hong Kong ◽  
Social Systems ◽  
Content Type ◽  
Occupy Movement ◽  
Joint Declaration ◽  
Independent Judiciary ◽  
Basic Rights ◽  
One Country Two Systems ◽  
The One ◽  
High Degree

Purpose The purpose of this paper is to examine the two decades since Hong Kong’s return to Chinese sovereignty, assessing developments against the 1984 Sino-British Joint Declaration, the international agreement under which Hong Kong was transferred from British to Chinese sovereignty on July 1, 1997, and which first set out China’s “basic policies” toward Hong Kong. Design/methodology/approach The paper’s analysis of developments focuses particularly on areas of controversy, from the extent to which Hong Kong has enjoyed a “high degree of autonomy” to basic rights and freedoms and the legal and judicial systems. Findings It argues that on the whole, the policies set out in the Joint Declaration have been well implemented: Hong Kong has retained its separate systems since 1997, including rule of law and an independent judiciary, basic rights and freedoms, and separate government and social systems. However, especially since the “occupy” movement of 2014, questions about the sustainability of the “one country, two systems” arrangement have come to the surface. Originality/value The paper is distinctive in its assessment of developments against the 1984 Sino-British Joint Declaration.

Moderating Role of Gender in the Relationship between Cognitive Errors and Anxiety among Adolescents

2020 ◽  
Vol 4 (1) ◽  
pp. 86-102
Author(s):  
Tasnim Rehna ◽  
Rubina Hanif ◽  
Muhammad Aqeel
Keyword(s):  
Mental Health Problems ◽  
Adolescent Psychopathology ◽  
Future Research ◽  
Cognitive Errors ◽  
Adolescent Anxiety ◽  
Study Results ◽  
The Status ◽  
Manifest Anxiety ◽  
The Relationship

Background: Widespread social paradigms on which the status variances are grounded in any society, gender plays pivotal role in manifestation of mental health problems (Rutter, 2007). A hefty volume of research has addressed the issue in adults nonetheless, little is vividly known about the role of gender in adolescent psychopathology. Sample: A sample of 240 adolescents (125 boys, 115 girls) aging 12-18 years was amassed from various secondary schools of Islamabad with the approval of the Federal Directorate of Education (FDE), relevant authorities of the schools and the adolescents themselves. Instruments: Taylor Manifest Anxiety Scale (Taylor & Spence, 1953) and Children’s Negative Cognitive Errors Questionnaire (CNCEQ) by Leitenberg et al., (1986) were applied in present study. Results: Multiple regression analysis revealed that cognitive errors jointly accounted for 78% of variance in predicting anxiety among adolescents. Findings also exhibited that gender significantly moderated the relationship between cognitive errors and adolescent anxiety. Implications of the findings are discoursed for future research and clinical practice.

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