The recognition of collective interests and the law of standing in Hong Kong

1985 ◽  
Author(s):  
Siu-ping, Amelia Luk
Keyword(s):  
Hong Kong ◽  
The Law

Contract Formation in Hong Kong

2018 ◽  
Author(s):  
Lusina HO
Keyword(s):  
Hong Kong ◽  
Social Context ◽  
Common Law ◽  
General Rule ◽  
Good Faith ◽  
Local Context ◽  
General Duty ◽  
Contract Formation ◽  
Formal Requirement ◽  
The Law

This chapter examines the law on contract formation in Hong Kong which is closely modelled on the English common law but adapts the English solutions to the local context if and when required. The test for ascertaining the parties’ meeting of the minds is objective, the agreement (an offer with a matching acceptance) must be certain, complete, and made with the intention to create legal relations—the latter being presumed to be present in a commercial context and absent in a familial or social context. Offers are freely revocable although the reliance of the offeree is protected in exceptional circumstances. Acceptances become effective as soon as they are dispatched. In the ‘battle of forms’ scenario, the Hong Kong courts follow the traditional ‘last-shot’ rule. There is no general duty to negotiate in good faith, and even agreements to negotiate in good faith are normally unenforceable for lack of certainty. As a general rule, contracts can be validly made without adhering to any formal requirement. Online contracts will normally be valid and enforceable; the formation of such contracts is governed by common law as supplemented by legislation.

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.

Hong Kong Special Administrative Region after the National Security Legislation: Prospects and Challenges

2021 ◽  
Vol 13 (04) ◽  
pp. 107-121
Author(s):  
Victor TEO
Keyword(s):  
Hong Kong ◽  
National Security ◽  
Global City ◽  
Special Administrative Region ◽  
Administrative Region ◽  
Unique Identity ◽  
The Law ◽  
Political Right

The National Security Law has unequivocally clarified that Hong Kong’s “autonomy” is a bestowed privilege rather than an absolute political right. While effective in stabilising Hong Kong politics, the Law has also effectively rolled back democratisation and raised a number of serious questions about Hong Kong’s future. Going forward, the Hong Kong Special Administrative Region faces a difficult task of maintaining its unique identity, lifestyle and exceptionalism as a truly global city while attempting to align with China’s plans and interests.

Housing Policies in Hong Kong

2020 ◽  
Vol 12 (01) ◽  
pp. 110-124
Author(s):  
Tai Wei LIM
Keyword(s):  
Hong Kong ◽  
Private Sector ◽  
Public Housing ◽  
Land Development ◽  
Chief Executive ◽  
Approval Process ◽  
Housing Policies ◽  
The Law

Hong Kong Chief Executive Carrie Lam presented her housing policies at the 2019 annual address in broad strokes, including using ordinances to resume undeveloped land in accordance with the law. The Hong Kong government could use its regulatory power as disincentives for private development of land given the highly bureaucratic, time-consuming and expensive land development approval process. The Hong Kong government would also work jointly with private sector landlords to potentially develop public housing and profit-driven projects, which would then be negotiated based on the Hong Kong government’s terms and conditions.

Ritual? What Ritual? Secularization in the Study of Chinese Legal History, from Colonial Encounters to Modern Scholarship

2009 ◽  
Vol 56 (3) ◽  
pp. 328-344
Author(s):  
Paul R. Katz
Keyword(s):  
Hong Kong ◽  
Legal History ◽  
Legal Culture ◽  
Modern Chinese ◽  
The Law ◽  
Colonial Histories ◽  
Colonial Encounters

The author explores the reasons why scholars have overlooked the importance of judicial rituals in Chinese legal culture and considers this neglect in the light of scholarship on secularization. He explores the issue by analysing the interaction between Chinese and western judicial practices in the colonial histories of the Straits Settlements (now Malaysia and Singapore) and Hong Kong. The concept of secularization appears to be of relevance to the study of Chinese legal culture, given that secularized societies tend to become differentiated into autonomous sub-systems, religion being restricted in influence to its own sub-system. In fact, however, religion has continuously interacted with a range of other sub-systems in China, including legal ones, which indicates that, in modern Chinese legal culture, religion and the law have not evolved into separate sub-systems.

Hong Kong on Women, Asian Values, and the Law

1999 ◽  
Vol 21 (3) ◽  
pp. 707-734 ◽  
Author(s):  
Harriet Samuels
Keyword(s):  
Hong Kong ◽  
Asian Values ◽  
The Law

scholarly journals Hong Kong’s Stand-off: Indigenous Dynamics and International Perspective

2021 ◽  
Vol 14 (1) ◽  
pp. 135-150
Author(s):  
A. I. Salitskii ◽  
A. V. Vinogradov
Keyword(s):  
Hong Kong ◽  
Social Situation ◽  
International Perspective ◽  
Young Generation ◽  
Youth Movements ◽  
Universal Suffrage ◽  
Election System ◽  
History Of ◽  
The Law ◽  
Sociological Studies

In February 2019, Administration of Hong Kong initiated Extradition Bill, which sparked mass protests in June. The scale of the protests was unprecedented in the history of the SAR and resulted in violent clashes between police force and young radicals organized by ‘localist’ groups. The authors present a short history of interaction between pro-Beijing and pan-democratic camps in the territory concentrated on the reform of the election system of the SAR. They conclude that exacerbation of the political stand-off in Hong Kong started in 2007 when the authorities promised a possible transit to universal suffrage in 2017. The demands for this transit were not satisfied in 2014 leading to ‘Umbrella revolution’ – the first manifestation of radical youth movements. Detecting the causes of the conflict the authors look into the concept of ‘Hong Kong identity’ as opposed to ‘Chinese identity’ popular in sociological studies of the public opinion in the SAR. They try to investigate other reasons for the growing distress and protests of young generation of Hongkongers, both indigenous and exogenous. The latter correlate strongly with a general trend towards deterioration in Sino-American relations. A wide picture showing interference of the US in Hong Kong’s political life and instigation of protests in 2019-2020 is presented. In the stormy 2020, however, political situation in Hong Kong became more stable following adoption of the Law on Safeguarding National Security in the Hong Kong by the China’s parliament in late June. Closing some loopholes in the SAR legislation the Law facilitates the fight with radical groups. Still, a major healing in interaction of pan-democrats and loyalists is ahead to address gloomy economic and social situation in the territory.

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