Constitutional Law and Human Rights in Hong Kong—A Sourcebook
Constitutional Law and Human Rights in Hong Kong—A Sourcebook is a one-stop resource for teaching, learning, and researching constitutional law and human rights in Hong Kong. As a handbook of teaching materials suitable for undergraduate and postgraduate studies, it is an indispensable tool for courses such as Hong Kong Constitutional Law, Basic Law, Public Law of Hong Kong, The Law of Human Rights of Hong Kong, International Human Rights Law, International Criminal Law, International Labour Law, Law and Gender, International Environmental Law, Business and Human Rights, and Discrimination Law. Moreover, it is equally useful for teaching and research in the fields of political science, business, and other social sciences.
With the enactment of the National Security Law in 2020, the current constitutional system in the HKSAR as well as the effect of the international framework of human rights applicable to Hong Kong is undergoing changes as we write this preface. Although it is not yet fully known how the National Security Law will impact the enjoyment of human rights and freedoms in Hong Kong in the long run, it is widely expected to have a significant impact on the contours of rights and freedoms.
We have been teaching several undergraduate and postgraduate courses in the School of Law at the City University of Hong Kong which are related to constitutional law and human rights in Hong Kong. As professors and legal scholars, we have felt the need for a convenient sourcebook containing the relevant primary materials most often referenced in the field. This book is an attempt to fill this gap. It includes materials in the form of selected core statutes and international instruments, and it will be an essential reference for courses such as Constitutional Law, Basic Law, Public Law of Hong Kong, The Law of Human Rights of Hong Kong, International Human Rights Law, International Criminal Law, International Labour Law, International Environmental Law, Law and Gender, Business and Human Rights, and Discrimination Law. As such, we hope that this sourcebook benefits both students and teachers by providing them key materials all in one place. The book will be equally of interest to researchers, lawyers, and judges engaging with issues concerning constitutional law and human rights in Hong Kong as well as for teach and research in the fields of political science, Asian studies, business, social sciences, and international studies. However, while it is not possible to include all the relevant primary resources that would be useful for such a wide range of courses and fields because of space constraints, we have done our best to pick those most relevant and exercised our discretion to create a bouquet of materials. It includes legal instruments updated as of April 2021, and it will undoubtedly need to be periodically revised to cater for changing teaching and learning needs. Lastly, the documents have been formatted to appear in a consistent style. This includes light editing of heading structure as well as changes in spelling (Oxford) and term capitalization for clarity. However, these changes do not in any way affect the content or meaning of the text.
We would like thank HU Taige, TSE Long Hei Ronnie, NG Lok Yi Jasmine, and Eric Yang for providing us with excellent research assistance in completing this book project. We also wish to express our gratitude to the City University of Hong Kong Press for their professional assistance, and in particular, to Dr Abby Manthey, the English editor at the Press, for her efficient and meticulous editing, without which it would not have been possible to publish this work on time.
4 June 2021
CONSTITUTIONAL LAW OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION
SECTION I THE BASIC LAW OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION OF THE PEOPLE’S REPUBLIC OF CHINA
SECTION II NATIONAL PEOPLE’S CONGRESS
AND STANDING COMMITTEE DECISIONS AND INTERPRETATIONS
SECTION III THE CONSTITUTION OF THE PEOPLE’S REPUBLIC OF CHINA
SECTION IV SELECTED NATIONAL LAWS AS APPLIED
IN HONG KONG
SECTION V SINO-BRITISH JOINT DECLARATION
INTERNATIONAL HUMAN RIGHTS INSTRUMENTS
SECTION I THE CORE INSTRUMENTS
SECTION II INTERNATIONAL CRIMINAL LAW INSTRUMENTS
SECTION III LABOUR RIGHTS
SECTION IV ENVIRONMENT AND CLIMATE
SECTION V BUSINESS AND HUMAN RIGHTS
SELECTED HONG KONG HUMAN RIGHTS ORDINANCES
SECTION I HONG KONG BILL OF RIGHTS ORDINANCE
SECTION II ANTI-DISCRIMINATION ORDINANCES