Beyond the Border: Chinese Legal Information in Cyberspace

2001 ◽  
Vol 29 (1) ◽  
pp. 120-143 ◽  
Author(s):  
Joan Liu

In a broad sense, “China law” ought to be comprised of four components: (1) the laws of the People's Republic of China (PRC); (2) the laws of the Hong Kong Special Administrative Region (HKSAR), a former British colony handed back to the PRC in 1997, which still employs the common law system; (3) the laws of the Macao Special Administrative Region (Macao SAR), a former Portuguese colony which was returned to China in 1999, but has kept the original legal system; and (4) the laws of Taiwan which, as the remaining part of the former Republic of China, has developed a distinct legal system different from that of the mainland after the Nationalists lost the civil war to the Communists in 1949. However, “China law” is commonly referred as the laws of the PRC, which was constituted in 1949 when the new government was founded. This article will mainly review the legal resources of the laws of the PRC in electronic formats, including databases, websites, CD-ROM products, and other non-print materials, but not traditional print resources. The legal resources of the laws of Hong Kong, Macao, and Taiwan will be discussed in future articles.

2021 ◽  
pp. 59-76
Author(s):  
Yvonne Liao

This chapter contributes a new post-European perspective to Bach studies, re-examining J. S. Bach as a colonial import in Hong Kong in relation to its post/colonial condition across a British colony (1842–1997) and a Special Administrative Region of the People’s Republic of China (1997–present). Based on its proposition of rethinking Europe “after Europe,” the chapter considers post/colonial Bach across three specific institutions: The Helena May, a colonial club originally for women members; the Anglican St John’s Cathedral in the early 1900s and “landmark churches” (i.e., declared monuments or listed buildings) in the 2010s; and the City Hall in the later decades of the twentieth century. The chapter concludes with some further thoughts on the symbolism of post/colonial Bach, extending from its significance for Bach studies to related matters of historiography.


2013 ◽  
Vol 13 (1) ◽  
pp. 25-40 ◽  
Author(s):  
John Bahrij ◽  
Lily Ko

AbstractThis article, written by John Bahrij and Lily Ko, focuses on resources in print and electronic form that are available in English for Chinese legal research in the Greater China region. The article covers resources for the People's Republic of China (PRC), Hong Kong Special Administrative Region (HKSAR), Macau Special Administrative Region (MSAR) and Taiwan. An overview of each jurisdictions legal system is also provided so that the resources can be discussed in the context of the prevailing system of law.


2018 ◽  
Vol 9 (1) ◽  
pp. 10-19
Author(s):  
Wan Pun LUNG

AbstractWhile there have been various studies on international law in domestic courts, the case of the Hong Kong Special Administrative Region of the People’s Republic of China [HKSAR], which celebrated its twentieth anniversary in 2017, presents unique questions. Under the principle of “One Country, Two Systems”, while the HKSAR maintains a distinct common-law system and a separate judicial regime, foreign affairs remain the responsibilities of the Central People’s Government of China. The handling of international law issues in cases before HKSAR courts would require consideration of the constitutional relation between the national (central) authorities of China and the local authorities in the HKSAR, and between the main legal system of China and the local HKSAR common-law system, in the light of the experiences of handling relevant cases in the past twenty years.


2020 ◽  
Vol 92 (4) ◽  
pp. 767-779
Author(s):  
Robert Peckham

Abstract This paper examines the temporal politics of the COVID-19 pandemic, arguing that despite the emphasis on digital real-time coverage and epidemiological forecasting, the pandemic has been understood as a historical event, even as it has been unfolding. The paper considers the implications of this ambiguous temporality, suggesting that COVID-19 has made visible a new heterotemporality, wherein real time, history, and the future intermesh. The paper concludes by focusing on Hong Kong, a former British colony and Special Administrative Region of the People’s Republic of China since 1997, showing how the pandemic has become an uncanny rendering of the city’s uncertain future.


2006 ◽  
Vol 40 (2) ◽  
pp. 517-543 ◽  
Author(s):  
JOHN M. CARROLL

In July 1997, when Hong Kong reverted to Chinese sovereignty, this former British colony became a new kind of place: a Special Administrative Region (SAR) of the People's Republic of China (PRC). In the several years leading up to the 1997 transition, a sudden outpouring of Mainland Chinese scholarship stressed how Hong Kong had been an inalienable part of China since ancient times. Until then, however, Hong Kong had rarely figured in Mainland Chinese scholarship. Indeed, Hong Kong suffered from what Michael Yahuda has called a “peculiar neglect”: administered by the British but claimed by China, it was “a kind of bureaucratic no-man's land.” Only one university in all of China had a research institute dedicated primarily to studying Hong Kong. As part of this new “Hong Kong studies” (Xianggangxue), in 1997 China's national television studio produced two multi-episodic documentaries on Hong Kong: “One Hundred Years of Hong Kong” (Xianggang bainian) and “Hong Kong Vicissitudes” (Xianggang cangsang). The studio also produced two shorter documentaries, “One Hundred Points about Hong Kong” (Xianggang baiti) and “The Story of Hong Kong” (Xianggang de gushi). The “Fragrant Harbor” that PRC historians had generally dismissed as an embarrassing anachronism in a predominantly postcolonial world suddenly found its way into millions of Mainland Chinese homes.


2000 ◽  
Vol 49 (4) ◽  
pp. 867-875
Author(s):  
Qingjiang Kong

On 1 July 1997 Hong Kong entered a new era when it was transformed from a British colony into a Special Administrative Region (SAR) of the People's Republic of China (PRC). The impact of the handover of Hong Kong cannot be overstated but, for the time being perhaps, may lie more in the sphere of ideology than in institutions.


Author(s):  
Richard Frimston ◽  
John Budge

Under the concept of one country, two systems, even though the Hong Kong Special Administrative Region (‘SAR’) is politically part of the People’s Republic of China (‘PRC’), its legal system is distinct from that of the PRC. The SAR has a common law system whilst the PRC has a civil law system. However none of the decisions of the PRC courts affect adults in the SAR. At first instance are various Magistrates’ Courts, Tribunals, the District Court, and the Court of First Instance (‘the FI Court’). Generally, appeals from those Courts and Tribunals are heard by the Court of Appeal (individual Courts and Tribunals may have procedures for self-review for some types of proceedings). The FI Court and the Court of Appeal are collectively called the High Court. Appeals from the Court of Appeal are heard by the Court of Final Appeal, which is the pinnacle of the judicial hierarchy in the SAR.


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.


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