Hong Kong Special Administrative Region, People’s Republic of China

Law System ◽

Republic Of China ◽

Administrative Region ◽

One Country Two Systems ◽

Court Of Appeal

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.

International Law before the Courts of the Hong Kong Special Administrative Region of the People’s Republic of China—Twenty Years On

Asian Journal of International Law ◽

10.1017/s2044251318000024 ◽

2018 ◽

Vol 9 (1) ◽

pp. 10-19

Author(s):

Wan Pun LUNG

Keyword(s):

Hong Kong ◽

International Law ◽

Common Law ◽

Law System ◽

Republic Of China ◽

Administrative Region ◽

Common Law System

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.

A Violation of “One Country, Two Systems:” Chinese Encroachment on Hong Kong’s Democratic Autonomy

Journal of Student Research ◽

10.47611/jsrhs.v9i2.1103 ◽

2020 ◽

Vol 9 (2) ◽

Author(s):

Ryan Selig ◽

Bridget Gagne ◽

Nick MacDonald

Keyword(s):

Hong Kong ◽

Republic Of China ◽

Administrative Region ◽

The People ◽

Two Systems ◽

One Country Two Systems ◽

The One

Since 1997 Hong Kong has operated as a Special Administrative Region (SAR) of the People’s Republic of China under a policy known as “One Country, Two Systems.” An analysis of the critical period of 1997-2020 (which came to a close with the 2020 National Security Law) demonstrates the ways in which the People’s Republic of China has used its influence to limit the democratic autonomy and ideological independence of the Hong Kong Special Administrative Region. By breaking down China’s actions into three distinct sections of politics, media, and education this review addresses the many layers and facets of Chinese encroachment on the freedoms of the people of Hong Kong. In the political sector, China has worked to limit democratic representation in Hong Kong via interference in the executive, legislative, and judicial branches of Hong Kong’s government. In the field of media, China has used direct and indirect editorial action as well as economic influence to limit negative perceptions of Beijing. In the education system, China has taken a top-down approach to instill Chinese patriotism in Hong Kong’s curriculum to expand the support for China in Hong Kong’s youth. Tracking these violations of Hong Kong’s autonomy and also the people’s response demonstrates that although China continues to push the “One Country” aspect of the “One Country, Two Systems” policy, the people of Hong Kong will continue to fight for their freedoms as long as they have a voice.

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

International Legal Materials ◽

10.1017/ilm.2020.64 ◽

2020 ◽

pp. 1-17

Author(s):

Simon N.M. Young

Keyword(s):

Hong Kong ◽

National Security ◽

Chief Executive ◽

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.