Good Governance and Judicial Review in Hong Kong

2017 ◽  
Vol 5 (2) ◽  
pp. 398-419
Author(s):  
Minkang Gu
Keyword(s):  
Hong Kong ◽  
Judicial Review ◽  
Good Governance

Institutions do matter

2017 ◽  
Vol 6 (1) ◽  
pp. 72-82 ◽  
Author(s):  
Luen Tim Percy Lui
Keyword(s):  
Hong Kong ◽  
Institutional Theory ◽  
Political Institutions ◽  
Design Methodology ◽  
Good Governance ◽  
Government Performance ◽  
Special Administrative Region ◽  
Content Type ◽  
Legislative Council ◽  
And Performance

Purpose The purpose of this paper is to examine how institutional designs governing the executive-legislative relations in the Hong Kong Special Administrative Region (HKSAR) have weakened the government’s capacity to effectively govern the HKSAR. Design/methodology/approach This paper examines institutional designs and rules that govern Hong Kong’s executive-legislative relations. It uses the case of the HKSAR Legislative Council (LegCo) to illustrate the impacts of institutional designs and rules on the performance of political institutions and government performance. Findings This paper finds that institutional designs and rules do affect the performance of a political institution. This paper suggests changes to the institutional designs and rules that govern the operation of the HKSAR LegCo, and the interaction between the legislature and the executive so as to create a facilitative context for good governance. Originality/value Studies on governance in Hong Kong mostly focus on individual institution’s behavior and performance. This paper studies the problem of governance in Hong Kong from the perspective of executive-legislative relations. It adopts the institutional theory to examine the behavior, performance, and interaction between the legislative and executive branches.

Governance, inclusion and trust in Singapore, Hong Kong and Macao

2015 ◽  
Vol 4 (3) ◽  
pp. 250-264
Author(s):  
Chiew Siang Bryan Ho
Keyword(s):  
Hong Kong ◽  
Current Literature ◽  
Potential Application ◽  
Design Methodology ◽  
Good Governance ◽  
Empirical Studies ◽  
Special Issue ◽  
Content Type ◽  
Developmental States

Purpose – The contributions in this special issue focus specifically on pertinent issues concerning governance in Asian developmental states – Singapore, Hong Kong, and Macao. The purpose of this paper is to provide, first of all, an overview of conceptual issues on governance and its potential application for addressing the rise and development of Asia’s successful developmental states – Singapore, Hong Kong, and Macao. Design/methodology/approach – This introduction will show the relevance of these contributions theoretically, methodologically, and empirically in relation to the current literature on governance studies. Findings – The overview section links the theoretical and conceptual considerations with the empirical studies on either single country or a comparison between states. Originality/value – The concluding remarks point to the lessons drawn from these contributions and the implication(s) for further research in good governance.

Judicial Review of the Legislative Process in Hong Kong: A Comparative Perspective

2019 ◽  
Author(s):  
Shucheng Wang
Keyword(s):  
Hong Kong ◽  
Judicial Review ◽  
Separation Of Powers ◽  
Legislative Process ◽  
Law System ◽  
Two Systems ◽  
Underlying Basis ◽  
One Country Two Systems ◽  
The One ◽  
Human Rights Based Approach

Abstract This article examines the deferential approach to judicial review of the legislative process as adopted by the Court of Final Appeal in Leung Kwok Hung v. The President of Hong Kong Legislative Council. Through a comparative analysis, it explains that the underlying basis on which the doctrines of separation of powers and the parliamentary privilege of exclusive cognizance, and the corresponding principle of non-intervention, are significantly different in Hong Kong. Given Hong Kong’s semi-democratic system under the ‘one country, two systems’ rubric, it argues for a less traditional allocation of power between the different institutions of government and a more assertive judiciary vis-à-vis the legislature. Moreover, it suggests the necessity of developing a human-rights-based approach to the adjudication concerning the non-intervention principle in order to maintain its common law system with liberal principles under the ‘one country, two systems’ rubric.

Introduction to Judicial Review in Hong Kong

2003 ◽  
Vol 8 (2) ◽  
pp. 109-115
Author(s):  
Kate Olley
Keyword(s):  
Hong Kong ◽  
Judicial Review

Significance of and Comparative Trends in Procedural Regulation of Right to Information

2014 ◽  
Vol 12 (2-3) ◽  
pp. 31-45 ◽  
Author(s):  
Polonca Kovač
Keyword(s):  
Comparative Analysis ◽  
Judicial Review ◽  
Good Governance ◽  
International Studies ◽  
Good Practices ◽  
Time Limits ◽  
Administrative Procedure ◽  
Rti Implementation ◽  
Right To Information ◽  
Legal Right

Any legal right is (more) efficiently pursued if sufficient procedural regulation supports its substantive setting. This article is dedicated to an analysis of procedural regulation of right to information (RTI) since its significance is increasing in terms of developing good governance and good administration within contemporary transparent, open and collaborative society. The comparative analysis of selected countries (USA, Ireland, Sweden, Austria, Germany, Slovenia, Croatia) included herein proves that selected procedural institutions, such as time limits and an appeal to an independent body or judicial review, contribute to a significantly higher level of implementation of the RTI in practice as also indicated by several international studies. In conclusion, the author recommends certain good practices, especially significance of RTI implementation in relation to different authorities in the context of administrative procedure guaranteeing constitutional and supranational transparency principles.

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