scholarly journals Academic Freedom and Critical Speech in Hong Kong: China's Response to Occupy Central and the Future of 'One Country, Two Systems'

2017 ◽  
Author(s):  
Carole J. Petersen ◽  
Alvin Y.H. Cheung
Keyword(s):  
Hong Kong ◽  
Academic Freedom ◽  
Freedom Of Expression ◽  
Governance Structure ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Joint Declaration ◽  
Basic Law ◽  
Dramatic Decline

Since July 1997, when Hong Kong was reunited with the People’s Republic of China, academics in the Special Administrative Region of Hong Kong have fiercely protected their right to engage in critical speech and practice academic freedom. They have been aided by Hong Kong’s regional constitution (known as the “Basic Law”), which incorporates international human rights treaties into domestic law and contains unusually detailed protections for freedom of expression, academic freedom, and educational autonomy. These constitutional provisions originated in the Sino- British Joint Declaration, a bilateral treaty that was duly registered with the United Nations. Nonetheless, this article documents a dramatic decline in academic freedom in Hong Kong since the last comprehensive study of the topic was published in 2006. This is partly because the Chinese Communist Party has made a concerted effort to punish Hong Kong academics and student organizations for their role in the Umbrella Movement and other pro-democracy movements. Equally important, there have been significant changes to the governance structure in Hong Kong’s universities over the past decade, creating overly-centralized universities that are far too vulnerable to outside interference. These developments have already damaged the quality and international reputation of Hong Kong’s universities, which will ultimately hurt not only Hong Kong but also the People’s Republic of China.

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.

scholarly journals Hongkong — Specjalny Region Administracyjny Chińskiej Republiki Ludowej i praktyczna realizacja politycznej idei „jedno państwo — dwa systemy”

2020 ◽  
Vol 5(160) ◽  
pp. 153-169
Author(s):  
Agata Wiktoria Ziętek
Keyword(s):  
Hong Kong ◽  
United Kingdom ◽  
Social Situation ◽  
People’S Republic Of China ◽  
Practical Implementation ◽  
People's Republic Of China ◽  
Republic Of China ◽  
The United Kingdom ◽  
Basic Law ◽  
Political Concept

On 1 July 1997, the United Kingdom officially handed over the territory of Hong Kong to the People’s Republic of China. This event had a symbolic meaning. It marked the end of a stage in China’s history which began in the middle of the 19th century and was described as a time of humiliation. Hong Kong was supposed to be an example of practical implementation of Deng Xiaoping’s political concept of “one country, two systems”, which assumed the possibility of functioning of different economic and political systems in one country. Despite the passage of time, questions remain as to what China’s attitude to the regained territory will be; to what extent the provisions of the 1984 agreement signed between the governments of the People’s Republic of China and the United Kingdom and the 1990 Basic Law for the region will be respected by China, and thus what the political, economic and social situation in Hong Kong will look like until its complete reintegration, i.e., by 2047, and what the future of Hong Kong will be.

scholarly journals Reconstitutionalizing Politics in the Hong Kong Special Administrative Region of China

2017 ◽  
Vol 13 (1) ◽  
pp. 27-57 ◽  
Author(s):  
Swati JHAVERI
Keyword(s):  
Hong Kong ◽  
Political Reform ◽  
People’S Republic Of China ◽  
Special Administrative Region ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Legislative Council ◽  
Administrative Region ◽  
Basic Law ◽  
Democratic Constitution

AbstractThe question of whether constitutional law can protect, consolidate, and advance democracy has been considered extensively in multiple jurisdictions. The issue has not yet been considered in the context of one of the most problematic contemporary democratic transitions: Hong Kong’s, from an externally governed colonial outpost to a self-governed suffrage-based special administrative region of the People’s Republic of China. The Basic Law of Hong Kong proposes the eventual election of the Legislative Council and Chief Executive of Hong Kong by some form of universal suffrage. These provisions are at the core of the ‘democratic constitution’ of Hong Kong. Achieving this goal requires consensus between the executive in Hong Kong, members of the Legislative Council in Hong Kong, and the legislative body of the People’s Republic of China. Although not a formal constitutional requirement, any democratization efforts will also require popular buy-in from Hong Kong residents in order to function effectively. However, it is increasingly clear that the views of all concerned do not converge on how and when these constitutional aspirations should be realized. In addition, all parties have started moving outside of this constitutional framework when deliberating issues of political reform. This article looks at the problems in the constitutional design of the Hong Kong Special Administrative Region that have resulted in this political deadlock. The article will then look at one solution to mitigate the effect of these design issues and to move forward again on the issue of reform: ‘litigating’ the democratic constitution in the courts. The article discusses the advantages of the courts in the process: primarily the capacity of the courts toreconstitutionalizepolitical debate on electoral issues. This article evaluates the largely unsuccessful use of the courts thus far by Hong Kong residents to correct and advance political reform. It considers possible reasons for the high failure rate in courts and proposes alternative litigation strategies that can better utilize the position of the courts to re-orient all parties to the Basic Law.

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