4 The CIETAC’s Jurisdiction: (Article 3)

2020 ◽  
Author(s):  
Yu Jianlong ◽  
Cao Lijun
Keyword(s):  
Hong Kong ◽  
Special Administrative Region ◽  
Administrative Region ◽  
Taiwan Region

This chapter focuses on the CIETAC’s jurisdiction. Article 3.1 of the CIETAC Rules provides that the CIETAC accepts cases involving economic, trade, and other disputes of a contractual or non-contractual nature, based on an agreement of the parties. There are three types of cases accepted by the CIETAC: (1) international or foreign-related disputes; (2) disputes related to the Hong Kong Special Administrative Region, the Macao Special Administrative Region, and the Taiwan Region; and (3) domestic disputes. However, both the CIETAC and local arbitration commissions are prohibited by the PRC Arbitration Law from assuming jurisdiction over certain types of disputes. The chapter addresses these non-arbitrable matters under PRC law. It then traces the evolution of the CIETAC’s scope of jurisdiction. Lastly, the chapter assesses the jurisdiction of local arbitration commissions.

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.

Political radicalization and fragmentation of the democratic blocs and the legislative council elections in the Hong Kong Special Administrative Region

2017 ◽  
Vol 6 (4) ◽  
pp. 372-384
Author(s):  
Chung Fun Steven Hung
Keyword(s):  
Hong Kong ◽  
Political Parties ◽  
Special Administrative Region ◽  
Content Type ◽  
Legislative Council ◽  
Administrative Region ◽  
Two Systems ◽  
History Of ◽  
One Country Two Systems ◽  
Historical Comparative

Purpose After direct elections were instituted in Hong Kong and the sovereignty was transferred from Britain to China, politicization inevitably followed democratization. The purpose of this paper is to evaluate the pro-democratic political parties’ politics in Hong Kong in recent history. Design/methodology/approach The research was conducted through a historical comparative analysis, within the context of Hong Kong after the sovereignty handover and the interim period of crucial democratization. Findings With the implementation of “One country, Two systems,” political democratization was hindered in Hong Kong’s transformation. The democratic forces have no alternative but to seek more radicalized politics, which has caused a decisive and ineluctable fragmentation of the local political parties. Originality/value This paper explores and evaluates the political history of the Hong Kong Special Administrative Region under “One country, Two systems” and the ways in which the limited democratization hinders the progress of Hong Kong’s transformation.

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