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.

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.

One Country, Two Systems

2013 ◽  
Author(s):  
Joseph Cheng
Keyword(s):  
Hong Kong ◽  
Social Systems ◽  
Mainland China ◽  
The State ◽  
Deng Xiaoping ◽  
Systems Model ◽  
The People ◽  
Two Systems ◽  
One Country Two Systems ◽  
The One

Deng Xiaoping (b. 1903–d. 1997) secured power and launched a policy program of economic reforms and an opening to the external world at the end of 1978. He also initiated a peace offensive toward Taiwan, and had to face a new challenge in China’s Hong Kong policy. In January 1979, the Chinese authorities announced a nine-point proposal for solving the Taiwan issue and guaranteed that after reunification, the existing economic and social systems, as well as the way of life, would remain unchanged. Subsequently, the new Constitution of the People’s Republic of China promulgated in December 1982 contains a new provision; Article 31 states, “The state may establish special administrative regions (SAR) when necessary” (available online). In March 1979, Sir Murray MacLehose (b. 1917–d. 2000), then Governor of Hong Kong, visited Beijing. He met Deng Xiaoping and formally raised “the New Territories lease” question. Chinese leaders gradually began to understand that the Hong Kong future issue could no longer be delayed. The view of recovery gained a distinct edge; Liao Chengzhi (b. 1908–d. 1983), head of the newly established Hong Kong and Macau Affairs Office of the State Council, was given the responsibility of planning for the recovery of the territory. In April 1981, he proposed the “one country, two systems” model policy, which demonstrated the Chinese leadership’s liberation in thinking at that time. The leadership was eager to show the world that China could govern Hong Kong better than the British colonial administration; it wanted the Hong Kong model to have a significant demonstration effect on Taiwan. The policy played a key role in maintaining the confidence of Hong Kong people, and facilitated Chinese leaders’ success in the Sino-British negotiations on the territory’s future. In the decade and a half since Hong Kong’s return to China, the “one country, two systems” model has been working quite well. Stability and prosperity have been maintained; the rule of law and the freedoms enjoyed by the people have been largely intact. Hong Kong’s relative international economic competitiveness has been in slow decline, and the economy has become increasingly dependent on that of Mainland China.

‘One country, two systems’, ‘one city, two systems’: Citizenship as a stage for politics of mobility and bordering practices in Hong Kong

2016 ◽  
Vol 13 (1) ◽  
pp. 49-63
Author(s):  
Maggi Leung
Keyword(s):  
Hong Kong ◽  
Mainland China ◽  
World City ◽  
Policy Practice ◽  
Constitutional Principle ◽  
Highly Skilled Migrants ◽  
Two Systems ◽  
One Country Two Systems ◽  
The One ◽  
China Mainland

Drawing on the notion of ‘politics of mobility’ and conceptualization of borders, this paper illustrates the peculiar, controversial and discriminatory citizenship policy, practice and discourse in Hong Kong. Under the ‘One Country, Two Systems’ constitutional principle, Hong Kong is separated from the China Mainland by an administrative border and exercises a separate residence rights regime. This paper highlights the tension produced by Hong Kong’s citizenship politics pursed by the state in turning the metropolitan into ‘Asia’s world city’ in this ‘One Country, Two Systems’ context. The world-city project entails offering right of abode (quasi citizenship) to highly-skilled migrants, ‘outstanding talents’ and investors while discriminating against those considered inappropriately-skilled such as poor family reunion migrants from mainland China.

Postscript

2016 ◽  
Author(s):  
Tan See Kam
Keyword(s):  
Hong Kong ◽  
Public Opinion ◽  
Contemporary Society ◽  
Republican China ◽  
Peking Opera ◽  
Mise En Scene ◽  
Two Systems ◽  
One Country Two Systems ◽  
The One ◽  
Chinese Democracy

Peking Opera Blues presents a jiegu fengjin metafiction to the 1980s Hong Kong of the film’s making and release. This is done by Tsui Hark evoking a past (Republican China), that draws on historical hindsights for allegorizing lessons of history with respect to colonial Hong Kong’s post-1997 future under the “one country, two systems” provision. While Peking Opera Blues does not have an explicit agenda for exerting pressure on the powers that be and for swaying public opinion in favor of democracy as an alternative to political China’s authoritarianism, it is nevertheless a commentary on the long, unsuccessful, march to Chinese democracy and its impact on contemporary society, most especially Hong Kong. Tsui Hark achieves this by particular forms of editing and mise en scène, and also by referencing Chinese cultural forms such as Peking opera, mandarin duck and butterfly fiction, the “three-women” films, and Canto-pop and Mandarin songs.

Hong Kong and the Limits of People Power

2003 ◽  
Vol 102 (665) ◽  
pp. 256-258
Author(s):  
Frank Ching
Keyword(s):  
Hong Kong ◽  
Political System ◽  
Two Systems ◽  
One Country Two Systems ◽  
The One

Hong Kong has little choice but to try to make the one country, two systems formula work. The alternative is not independence but absorption into the mainland's political system.

scholarly journals Electronic Waste Governance under “One Country, Two Systems”: Hong Kong and Mainland China

2018 ◽  
Vol 15 (11) ◽  
pp. 2347 ◽  
Author(s):  
Natalie Wong
Keyword(s):  
Hong Kong ◽  
Dominant Role ◽  
Electronic Waste ◽  
Local Level ◽  
Management Strategies ◽  
Mainland China ◽  
Chinese Government ◽  
Policy Network ◽  
Two Systems ◽  
One Country Two Systems

China is one of the largest e-waste dumping sites in the world, and Hong Kong, a semi-autonomous territory in China, is also affected by illegal e-waste disposal and transfer. While the Chinese government implemented a waste import ban in January 2018, Hong Kong has not enforced Chinese policies under the “One Country, Two Systems” framework. Drawing on a policy network approach, this paper provides an explanatory framework for e-waste governance in Hong Kong and China, and identifies the major obstacles to shaping effective transboundary e-waste control and prevention. The paper argues that institutional arrangements play a dominant role in governing e-waste policy networks at the local level of governance in Hong Kong and China; however, a lack of accountability and capacity at the transboundary level can explain the different waste electrical and electronic equipment (WEEE) management strategies in these two places.

Xinjiang: China's Future West Bank?

2002 ◽  
Vol 101 (656) ◽  
pp. 267-270 ◽  
Author(s):  
Dru Gladney
Keyword(s):  
Hong Kong ◽  
West Bank ◽  
Creative Solutions ◽  
The Future ◽  
Two Systems ◽  
One Country Two Systems ◽  
The One

Not unlike Hong Kong (which under the one-country, two-systems formula continues to fly its own flag), the unique situation in Xinjiang calls for dramatic and creative solutions. The future of this region, which the American sinologist Owen Lattimore once called the ‘pivot of Asia,’ depends on it.

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.

The ties that bind: mutuality of political destiny between Hong Kong and Taiwan

2019 ◽  
Vol 8 (2) ◽  
pp. 137-148
Author(s):  
Wai Kwok Benson Wong
Keyword(s):  
Hong Kong ◽  
Design Methodology ◽  
Content Type ◽  
Self Identity ◽  
Bonding Effect ◽  
Two Systems ◽  
Negative Perceptions ◽  
One Country Two Systems ◽  
The One ◽  
Ruling Party

Purpose The purpose of this paper is to explain how post-1997 Hong Kong has been perceived in Taiwan and to critically evaluate the demonstration effects of Hong Kong under the “One Country, Two Systems” policy on cross-strait relations. Design/methodology/approach “Today’s Hong Kong, Tomorrow’s Taiwan” has become a dominant discourse in cross-strait relations in recent years. The paper has adopted discourse analysis of selected texts during and after the 2014 Sunflower Movement to elucidate the disapproval of the developments of post-handover Hong Kong and the construction of the Movement’s self-identity. Findings It has observed the following arguments which shaped the prevailing perceptions among critics of the “One Country, Two Systems” policy: political infiltration of China in Hong Kong could be extended to Taiwan in the sense that the Beijing authorities would adopt the identical approach to manipulate Taiwan through the cross-strait trading agreements; negative perceptions and images of China and Chinese capitals as a collective aggressor and a threat, raising fear and worries in both Hong Kong and Taiwan; and Kuomintang, as a ruling party at that time under the leadership of President Ma Ying-jeoh, was dismissed by protesters as an incompetent gatekeeper and defender of Taiwan’s interests. Originality/value The pervasive sentiments and perceptions about post-1997 Hong Kong has been articulated discursively by the young activists in Taiwan and Hong Kong into a statement – “Today’s Hong Kong, Tomorrow’s Taiwan” – which has brought about a somewhat unexpected bonding effect between Hong Kong and Taiwan through a strong disapproval of “One Country, Two Systems” and the China factor, which has be reproduced, delivered and circulated in both societies since 2014.

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