scholarly journals Judicial cooperation in criminal matters in the Special Administrative Regions of Hong Kong and Macau. Through the lens of “one country, two systems” and the surrender of fugitives to Mainland China

2019 ◽  
Vol 5 (2) ◽  
pp. 737
Author(s):  
Miguel Manero de Lemos ◽  
Teresa Lancry Robalo

Este artigo divide-se em três partes. A Parte I (O sistema constitucional das Regiões Administrativas Especiais de Hong Kong e Macau) fornece o enquadramento histórico das Regiões Administrativas Especiais de Hong Kong e Macau e introduz as ordens constitucionais das Regiões Administrativas Especiais de Hong Kong e Macau da República Democrática da China existentes à luz do princípio “um país, dois sistemas”. É feita uma referência aos principais desenvolvimentos constitucionais ocorridos nas primeiras décadas de existências dessas regiões administrativas especiais. A Parte II (Cooperação judicial em matéria criminal nas Regiões Administrativas Especiais) explica como é que as referidas ordens constitucionais influenciam o quadro jurídico existente relativo à cooperação judicial em matéria criminal, o qual se aplica à cooperação com outros Estados ou territórios, mas não à cooperação entre as várias jurisdições existentes na China, cooperação esta para a qual não existem regras positivadas atualmente em vigor. Examinam-se as regras em vigor em Hong Kong e em Macau sobre a entrega de fugitivos para outros países. A parte III (A entrega de fugitivos à China continental) lida particularmente com a questão da detenção e entrega de cidadãos chineses de Hong Kong e Macau à China continental. Fornece uma visão geral dos casos vindos a público e do dilema jurídico criado pela falta de regras específicas relativas à entrega de fugitivos dentro do “um país”.

2014 ◽  
Vol 9 (1) ◽  
Author(s):  
Tan Lee Cheng

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.


2014 ◽  
Vol 9 ◽  
pp. 381-385
Author(s):  
Tan Lee Cheng

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.


Author(s):  
Natalie Wong

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.


Author(s):  
Joseph Cheng

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.


2019 ◽  
Vol 8 (1) ◽  
pp. 47-58
Author(s):  
Hin Wah Chris Cheung ◽  
Man Yum Larry So ◽  
Chi U. Francis Choi ◽  
Chin Fung Philip Chow

Purpose The purpose of this paper is to explore the influence of Special Administrative Region (SAR) performance on the “trust” of Hong Kong and Macau people, who “live” under similar context of “one country, two systems,” toward Beijing Central Government. The different perceptions, relating to the abovementioned issue, of the young peoples’ are also investigated. Implication for civic education in these two societies will be brought to light. Design/methodology/approach This study adopts secondary data analysis on the captioned topic. To further illustrate the said issue, this study reviews and analyzes data from protest campaigns in both societies. Findings This paper finds that the performance of Hong Kong and Macau SAR Governments has different impacts on the peoples’ “trust” toward Central Government. It may attribute to the different perceptions about the role of Central Government and levels of democratization in these societies. Civic education emphasizing the “core spirit” of “One country, two systems,” roles of SAR and Central Governments could enable young people better comprehend their relationship with Mainland China and their role as SAR–Chinese citizens. Originality/value This paper is an exploratory study for providing implications for further research on this topic.


2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Alice Y.C. Te

PurposeThis article examines the complexity and dynamics of Hong Kong students' choice to pursue undergraduate education in Mainland China under the context of “one country, two systems.”Design/methodology/approachThis study mainly draws on primary data from in-depth interviews of 51 Hong Kong students studying in Mainland universities. Qualitative approach of inquiry is adopted to probe into the underlying reasons and processes undergone during the educational choice.FindingsAcademic factors push Hong Kong students away from local universities due to the failure of getting admissions in preferred programs or universities, and pull them toward Mainland universities due to attractions of specific universities and programs. During three phases of decision-making process, different influencing factors have conditioned three orientations: pragmatists enrolled in their aspired programs as the first choice, achievers utilized a fast-track path to enter elite universities and underachievers treated such study opportunity as a last resort for a degree.Originality/valueThis article contributes to a better understanding of the dynamics of educational choice to higher education in Hong Kong at a strategic point of time. It explains how the macro political/policy and sociocultural contexts, the institutional influences of hosting universities and sending secondary schools, perceived parental influence and students' personal characteristics have shaped students' college choice.


Health Policy ◽  
2000 ◽  
Vol 54 (2) ◽  
pp. 161
Author(s):  
Karen A Fitzner ◽  
Sheryl Coughlin ◽  
Cecilia Tomori ◽  
Charles L Bennett

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Regina Suk-yee Ip Lau

PurposeThis article outlines the challenges faced by the next Chief Executive of the Hong Kong Special Administrative Region (HKSAR) in 2022 – the need to address economic problems resulting from Hong Kong’s slow growth; its inability to restructure its economy to broaden job opportunities and improve upward mobility for young people; and the government’s belated attempt to deploy innovation and technology.Design/methodology/approachThis article is based on the author’s in-depth analysis of the current situation and insights on the challenges faced by the next Chief Executive.FindingsTensions are inherent in the concept of “One Country, Two Systems”. Back in November 2012, Deputy Director of the Hong Kong and Macao Office Zhang Xiaoming already reminded Hong Kong of the need to manage well three sets of relationships: (1) maintaining the “One Country” principle while preserving the SARs’ “separate systems”; (2) upholding Central Authority while preserving the SARs’ “high degree of autonomy”; and (3) unleashing the economic potential of mainland China while raising the competitiveness of the SARs. These three sets of relationships represent three fundamental difficulties in implementing “One Country, Two Systems”. However, Hong Kong kept ignoring Beijing’s advice and failed to resolve the tension between the mainland and Hong Kong SAR, culminating in the riotous events of 2019, which morphed into a dangerous, anti-China insurgency.Originality/valueThe next Chief Executive needs to mediate between the constitutional requirements of the Central Authority while preserving Hong Kong SAR’s “high degree of autonomy”, its unique character and lifestyle. He or she also needs to deal with continuity and change. Hong Kong cannot stand still, and should not allow itself to be lulled by the “50 years no change” mantra into overlooking the need to move with the times. Much reform needs to be implemented by the next Chief Executive to give people hope, faith in “One Country, Two Systems” and true love of the country.


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