The Politics of the Debate over the Court of Final Appeal in Hong Kong

2000 ◽  
Vol 161 ◽  
pp. 221-239 ◽  
Author(s):  
Lo Shiu Hing
Keyword(s):  
Hong Kong ◽  
Special Administrative Region ◽  
State Council ◽  
Privy Council ◽  
Standing Committee ◽  
Legal Scholar ◽  
Republic Of China ◽  
Basic Law ◽  
Set Up ◽  
People's Congress

Before the transfer of Hong Kong's sovereignty from Britain to the People's Republic of China (PRC) on 1 July 1997, the politics of interpreting the Basic Law had already become apparent. This article aims to use the debate over the Court of Final Appeal (COFA), which was set up in July 1997 to replace the Privy Council in Britain as the court of final adjudication in the Hong Kong Special Administrative Region (HKSAR), to analyse how the Basic Law had already been interpreted by PRC officials, their British counterparts and the Hong Kong people. The interpretation of the Basic Law involves many people from both Hong Kong and China. As one legal scholar writes: “In one sense all kinds of people [in the HKSAR] will have to interpret the Basic Law: civil servants and other administrators and lawyers in their day-today work, legislators to ensure that their legislation and motions are consistent with it, the State Council [in the PRC], the National People's Congress Standing Committee, even private parties since some provisions affect private acts.” The debate over the COFA may also help towards an understanding of the ongoing interpretation of various provisions of the Basic Law, which serves as the mini-constitution of the HKSAR.

The Decision of the National People's Congress on Improving the Election System of the Hong Kong Special Administrative Region

2021 ◽  
pp. 1-15
Author(s):  
Simon N.M. Young
Keyword(s):  
Hong Kong ◽  
Chief Executive ◽  
Electoral System ◽  
People’S Republic Of China ◽  
Special Administrative Region ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Administrative Region ◽  
Basic Law ◽  
People's Congress

In 2021, Hong Kong's electoral system underwent its most significant reform since the People's Republic of China (PRC) resumed the exercise of sovereignty over Hong Kong on July 1, 1997. By a decision adopted on March 11, 2021 to “improve the electoral system of the Hong Kong Special Administrative Region and develop a democratic system suited to the actual situation of the Hong Kong Special Administrative Region” (HKSAR), the National People's Congress (NPC) decided to amend the methods of selecting the Chief Executive of the HKSAR and forming the Legislative Council of the HKSAR (LegCo). The existing Election Committee would be reformed and given a pivotal role in the elections of the Chief Executive and LegCo members. A new candidate qualification review committee would be established to qualify all candidates. The Standing Committee of the National People's Congress (NPCSC) was empowered to amend the first two annexes of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China (Basic Law), which specify the methods for selecting the Chief Executive and forming the LegCo. The HKSAR would amend local election laws to implement the reforms and organize future elections in accordance with the law. The Chief Executive would submit timely reports to the Central People's Government. The NPC Decision was adopted with 2,895 votes in favor and one abstention.

The Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region

2020 ◽  
pp. 1-17
Author(s):  
Simon N.M. Young
Keyword(s):  
Hong Kong ◽  
National Security ◽  
Chief Executive ◽  
People’S Republic Of China ◽  
Special Administrative Region ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Administrative Region ◽  
Basic Law ◽  
The Law

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.

English in Hong Kong

PMLA ◽  
2016 ◽  
Vol 131 (5) ◽  
pp. 1527-1530
Author(s):  
Sharanya Jayawickrama
Keyword(s):  
Hong Kong ◽  
World War Ii ◽  
Self Determination ◽  
World War ◽  
Government Service ◽  
Standing Committee ◽  
Mainland Chinese ◽  
Legislative Council ◽  
Basic Law ◽  
People's Congress

As 2016 Draws to a Close, the Most Hotly Debated Topic in Hong Kong is the Controversial Behavior of Two Newly elected legislators of a localist political party during their oath taking at the Legislative Council earlier this year. The proindependence advocates roused anger among mainland Chinese and local Hong Kong officials and citizens alike when they declared allegiance to the “Hong Kong nation” and pronounced “China” in a way that painfully echoed for many the derogatory pronunciation used by the Japanese forces that occupied Hong Kong in World War II. Ironically, in their attempts to lobby for the Hong Kong people's interests and right to self-determination, the legislators were accused of ignoring Hong Kong's history and disrespecting those who had perished during or survived those dark days. Subsequently, China's National People's Congress Standing Committee (NPCSC) issued an interpretation of Hong Kong's Basic Law that disqualified the pair from government service and preempted any ruling by a local Hong Kong court. This decision prompted thirteen thousand Hong Kong people to take to the streets in protest against what is widely perceived as the mainland's tightening of control over its special administrative region.

Coast Guard Law of the People’s Republic of China and Its Implications in International Law

2021 ◽  
pp. 1-13
Author(s):  
Chen-Hong Liu ◽  
Zhang Xu ◽  
Yen-Chiang Chang
Keyword(s):  
International Law ◽  
Coast Guard ◽  
Maritime Security ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Standing Committee ◽  
Republic Of China ◽  
The Law ◽  
Set Up ◽  
People's Congress

Abstract In January 2019, the People’s Armed Police set up a working group to draft the Coast Guard Law of the People’s Republic of China. The 13th National People’s Congress Standing Committee concluded its twenty-fifth session and scrutiny of this draft law, which officially entered force on 1 February 2021. The Law is divided into 11 chapters and 80 articles, including but not limited to maritime security, maritime crime investigation, use of non-firearm and weapons, and international cooperation. This article outlines and analyses the Law, as well as focusing on its implications as a matter of international law.

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