scholarly journals Arbitration and Protest in Hong Kong

2021 ◽  
Author(s):  
Jie Huang
Keyword(s):  
Hong Kong ◽  
Mutual Recognition ◽  
Mainland China ◽  
Special Administrative Region ◽  
Judicial Interpretation ◽  
Mutual Assistance ◽  
First Case ◽  
Recognition And Enforcement ◽  
One Country Two Systems ◽  
Interim Measures

Following the promulgation of the judicial interpretation by the Supreme People’s Court (“SPC”) on 26 September 2019, Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the Hong Kong Special Administrative Region (“Arrangement”) signed by Mainland China and Hong Kong on 2 April 2019 came into effect in Mainland China from 1 October 2019. This Arrangement provides mutual recognition and enforcement of interim measures between Hong Kong and Mainland China. It has generated broad coverage. This post tries to add to the discussion by providing the first case decided under the Arrangement on 8 October 2019, and more broadly, the reflections on the continuing protests in Hong Kong and arbitration under “One Country, Two Systems’.

Jie Huang: Interregional Recognition and Enforcement of Civil and Commercial Judgments

2014 ◽  
Vol 9 (1) ◽  
Author(s):  
Tan Lee Cheng
Keyword(s):  
Hong Kong ◽  
Comparative Study ◽  
Mainland China ◽  
Status Quo ◽  
The Us ◽  
Two Systems ◽  
The Status ◽  
Recognition And Enforcement ◽  
One Country Two Systems ◽  
The One

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.

Jie Huang: Interregional Recognition and Enforcement of Civil and Commercial Judgments, Oxford and Portland, OR: Hart Publishing, 2014, 352 pp. Hardcover £65/€84.50

2014 ◽  
Vol 9 ◽  
pp. 381-385
Author(s):  
Tan Lee Cheng
Keyword(s):  
Hong Kong ◽  
Comparative Study ◽  
Mainland China ◽  
Status Quo ◽  
The Us ◽  
Two Systems ◽  
The Status ◽  
Recognition And Enforcement ◽  
One Country Two Systems ◽  
The One

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.

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.

High Court of the Hong Kong Special Administrative Region (SAR): Chan v. Director of Immigration

2001 ◽  
Vol 40 (1) ◽  
pp. 88-100
Keyword(s):  
Hong Kong ◽  
Mainland China ◽  
Special Administrative Region ◽  
High Court ◽  
Administrative Region ◽  
Permanent Resident

Chan Mei Yee (“Ms Chan“) is a resident of Mainland China. She was born there in 1969. She married her husband, Mr Lee Man Shing, in the Mainland in 1992. Mr Lee is a Hong Kong permanent resident. In December 1992, Ms Chan gave birth to a daughter Lee Ka Po (“the child“) during her visit to Hong Kong. The child has Hong Kong permanent resident status.

scholarly journals Electronic Waste Governance under “One Country, Two Systems”: Hong Kong and Mainland China

2018 ◽  
Vol 15 (11) ◽  
pp. 2347 ◽  
Author(s):  
Natalie Wong
Keyword(s):  
Hong Kong ◽  
Dominant Role ◽  
Electronic Waste ◽  
Local Level ◽  
Management Strategies ◽  
Mainland China ◽  
Chinese Government ◽  
Policy Network ◽  
Two Systems ◽  
One Country Two Systems

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.

One Country, Two Systems

2013 ◽  
Author(s):  
Joseph Cheng
Keyword(s):  
Hong Kong ◽  
Social Systems ◽  
Mainland China ◽  
The State ◽  
Deng Xiaoping ◽  
Systems Model ◽  
The People ◽  
Two Systems ◽  
One Country Two Systems ◽  
The One

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.

scholarly journals What model for extradition between Hong Kong and mainland China? A comparison between the 2019 (withdrawn) amendment to Hong Kong extradition law and the European Arrest Warrant

2020 ◽  
Vol 11 (4) ◽  
pp. 504-523
Author(s):  
Yanhong Yin ◽  
Irene Wieczorek
Keyword(s):  
Hong Kong ◽  
Mainland China ◽  
Arrest Warrant ◽  
Republic Of China ◽  
Domestic Legislation ◽  
European Arrest Warrant ◽  
One Country Two Systems ◽  
The One ◽  
International Systems

This article provides an analysis of the bill proposed in 2019 to amend Hong Kong Fugitive Offenders Ordinance (FOO), Hong Kong domestic legislation on extradition. The FOO Amendment Bill introduced the possibility of, and detailed the conditions for, surrendering fugitives from Hong Kong to other regions of the People’s Republic of China (PRC), among which, controversially, mainland China. After multiple protests, the proposal was withdrawn. It nonetheless represents the first attempt of introducing a legal basis for extradition between Hong Kong and mainland China, and it is thus deserving of close scrutiny. The article describes the unique constitutional setting in which this amendment was proposed, Hong Kong and mainland China being two regions of the same sovereign country which have two radically different legal systems under the ‘One Country, Two Systems’ principle. It compares the proposed system for extradition between these two regions with the rules regulating extradition between Hong Kong and third states, and with international systems for surrender, including the European Arrest Warrant and the UN Model Extradition Treaty. It shows that the FOO Amendment Bill would have put in place a surrender system in some respects less advanced and subject to more obstacles than standard international extradition Treaties and than the system regulating extradition between Hong Kong and third countries. This is the case, for instance, for the rules on penalty thresholds and on double criminality. Conversely, in other respects, it would have been even more advanced (and with fewer obstacles) than the European Arrest Warrant, one of the most advanced systems of international surrender. This is notably the case for the rules regulating extradition of Hong Kong residents to other parts of the PRC. These latter were, however, among the more controversial aspects of the proposal. The article also discusses the challenges that reintroducing a similar proposal would face in the future, including in light of current political and legal developments – notably the Standing Committee of the National People’s Congress’s July 2020 adoption of the ‘Hong Kong National Security Law’. It suggests that one avenue to smoothen surrender proceedings between Hong Kong and mainland China would be taking a procedural rather than a substantive approach, namely by increasing the role of courts and decreasing the role of executive bodies in the extradition procedures.

On union, displaced: Capture and captivity with the Hong Kong Artist Union (HKAU)

2021 ◽  
Vol 8 (1) ◽  
pp. 49-70 ◽  
Author(s):  
Emily Verla Bovino
Keyword(s):  
Hong Kong ◽  
Trade Unions ◽  
Conceptual Art ◽  
Mainland China ◽  
Special Administrative Region ◽  
Conceptual Frameworks ◽  
The Past ◽  
Administrative Region ◽  
History Of

In 2016, between Guangdong strikes in mainland China and Hong Kong’s unionization momentum, Hong Kong artist Wong Ka Ying posted a call on Facebook founding the Hong Kong Artist Union (HKAU). The gesture followed the mischievously named Come Inside, Hong Kong’s ‘first female artist duo’ created by Wong and artist Mak Ying Tung, which declared it would combat art’s ‘formalized system’. Ironically, one of its first actions was to enrol in a course on insurance that could help it formalize healthcare for artists. Come Inside welcomed the idea that opposition to the ‘system’ brings artists into it. HKAU took shape within this ‘trap’ when Wong and Mak started researching trade unions. ‘On Union, Displaced’ explores the past four years of HKAU existing as a union-not-yet-registered-as-an-official-union, a serious gesture of ludic conceptualism that plays with artistic freedom’s relationship to captivity and capture. Through Rey Chow’s theory of conceptual art as trap, it traces HKAU’s entanglement in the history of Hong Kong art groups, regional labour organizing, and efforts to reground the term ‘artist’. Studying HKAU requires various conceptual frameworks: Yuk Hui’s cosmotechnics; Laikwan Pang’s multiple sovereignties; Sandro Mezzandra and Brett Neilson’s border-as-method; Linda Lai Chiu-han’s performative research; and Frank Vigneron’s plastician. The article explores how being ‘plastic’ – a union displaced; a union whose registration with the Hong Kong Special Administrative Region is perpetually negotiated – has helped HKAU pose important questions about solidarity and sovereignty in art.

Varieties of English in the urban landscapes of Hong Kong and Shenzhen

English Today ◽  
2014 ◽  
Vol 30 (3) ◽  
pp. 22-32 ◽  
Author(s):  
Anna Danielewicz-Betz ◽  
David Graddol
Keyword(s):  
Hong Kong ◽  
Urban Development ◽  
Mainland China ◽  
Entire Length ◽  
The Other ◽  
Modern China ◽  
Urban Landscapes ◽  
Special Administrative Region ◽  
Mainland Chinese ◽  
Chinese City

The border between mainland China and Hong Kong has become one of the world's most fascinating linguistic divides. On one side lies the mainland Chinese city of Shenzhen, stretching the entire length of the border – an extraordinary urban development which in many ways epitomises the recent urbanisation of modern China. On the other side lies the Special Administrative Region (SAR) of Hong Kong (see Figure 1). It is not possible to cross from Hong Kong to mainland China by land without passing through one of the Shenzhen checkpoints.

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