The Changing Legal Orders in Hong Kong and Mainland China: Essays on “One Country, Two Systems”
Part I of this volume includes five chapters related to the practice of OCTS. This is a field of research I embarked on when I first began my academic career in 1984. This was the same year in which the Sino-British Joint Declaration was signed. As the only local Chinese member of the academic staff of the Faculty of Law at that time (all other law teachers at the University of Hong Kong being expatriates), I considered it my mission to research the constitutional and legal issues faced by Hong Kong in its era of transition leading up to the handover in 1997, including concerns that arose during the drafting of the Basic Law of the Hong Kong Special Administrative Region (HKSAR) that would be established. Most of my writings in the 1980s were, therefore, focused on such issues.
Hong Kong constitutional law, the Basic Law, and the jurisprudence of OCTS continued to be a main area of my research in the 1990s and in the post-1997 era. In my writings (in both English and Chinese), I tried to document and provide commentary and analysis on major constitutional developments and leading constitutional law cases decided by the Hong Kong courts since the HKSAR was established in 1997. My research orientation is based on what I believe to be a balanced approach to the study of OCTS, taking into account both the “sovereignty” claims of the Central Government in Beijing and the “autonomy” and “democracy” aspirations of the people of Hong Kong, and aiming at an objective study of relevant legal developments.
Chapter 1 of this volume introduces the constitutional and legal issues arising from the practice of OCTS in the HKSAR by reviewing key developments from the time of the establishment of the HKSAR in 1997 to the close of the first decade of the twenty-first century. It covers major episodes such as the “right of abode” controversy that led to the first ever interpretation of the Hong Kong Basic Law by the National People’s Congress Standing Committee (NPCSC) and the failed attempt to implement article 23 of the Basic Law. Chapter 2 reviews the development of Hong Kong’s political system since colonial times and analyses the political, constitutional, and legal controversies that culminated in the “Occupy Central Movement” of 2014. The OCTS model was premised on the “high degree of autonomy” the HKSAR was promised by the Sino-British Joint Declaration of 1984. Thus, Chapter 3 studies various aspects and elements of the autonomy enjoyed by the HKSAR under the Basic Law in the context of general theories and considerations of autonomy as an internationally prevalent constitutional arrangement. Chapter 4 looks at the complex relationship between law and social movements both as a matter of general theory and in the context of the HKSAR. Finally, Chapter 5 brings readers up-to-date by discussing the Anti-Extradition Bill Movement of 2019, which brought about the most serious challenge for OCTS to date.
Part I The Practice of “One Country, Two Systems”
Chapter 1 The Rule of Law under “One Country, Two Systems”
Chapter 2 The Law and Politics of Constitutional Reform and Democratisation in Hong Kong
Chapter 3 The Theory and Practice of Autonomy: The Case of Hong Kong
Chapter 4 Social Movements and the Law in Post-Colonial Hong Kong
Chapter 5 A Perfect Storm: Hong Kong-Mainland China Rendition of Fugitive Offenders
Part II Tradition and Modernity in Chinese Law
Chapter 6 Confucian Legal Culture and its Modern Fate
Chapter 7 Three Political Confucianisms and Half a Century
Chapter 8 Chinese Cultural Tradition and Modern Human Rights
Chapter 9 Legal Thought and Development in the People’s Republic of China
Chapter 10 Socialist Law, Civil Law, Common Law, and the Classification of Contemporary Chinese Law
Chapter 11 The Law of Property and the Evolving System of Property Rights in China
Chapter 12 Socio-legal Thought and Legal Modernisation in Contemporary China: A Case Study of the Jurisprudence of Zhu Suli
Part III Constitutionalism in Asia
Chapter 13 Constitutions, Constitutional Practice, and Constitutionalism in East Asia
Chapter 14 Five Decades of Constitutional Change in Hong Kong and East Asia