Thursday, October 13, 2022

New Issue of Hong Kong Law Journal (Vol. 52, Part 1 of 2022)

Editor-in-Chief: Professor Rick Glofcheski
Associate Editor: Professor Albert Chen
Publisher: Sweet & Maxwell




Food, Clothing and Housing as Human Rights 

Kemal Bokhary… 1


The 2019 Rendition Saga in Hong Kong: A Perspective on the Tensions Inherent in “One Country, Two Systems”

Fan Xiang… 9

The 2019 political storm in Hong Kong, triggered by resistance to a proposed law that would have created an institutional channel for the extradition of fugi¬tives from Hong Kong to Mainland China, resulted in the most severe and prolonged civil unrest in this city since China resumed exercise of sovereignty over Hong Kong in 1997. This article considers the nature of the 2019 rendi¬tion saga in the context of the tensions inherent in the constitutional framework of “One Country, Two Systems”. It is contended that there are contradictions within the structure of the “One Country, Two Systems” formula such that it encourages and yet limits a Western-style liberal democracy in Hong Kong. It is argued that the prolonged anti-extradition movement is no more than a reflection of the internal contradictions of “One Country, Two Systems” but in a more ferocious way than before. If this paradox is not resolved properly, it is doomed to plague Hong Kong in the future.

Recordation and Review by the National People’s Congress Standing Committee under the Hong Kong Basic Law 

Paul Law and Trevor Wan… 43

This article explores the Recordation and Review Mechanisms anchored in art 17(2) and 17(3) of the Basic Law which provides for the obligation of Hong Kong to report enacted laws to the China’s National People’s Congress Standing Committee (NPCSC) for the record and the NPCSC’s corresponding powers to review and return any such laws. We argue that the Recordation and Review Mechanisms are an interconnected set of constitutional enforcement mecha¬nisms for the NPCSC to police the constitutional limits of Hong Kong’s auton¬omy. Furthermore, we highlight and examine two ambiguities in art 17(2) and 17(3), namely the lack of any mention of conditions under which the art 17(3) review process could be triggered and the ambiguous legal status of reported laws that have not been returned by the NPCSC. This article then undertakes a comparative study vis-a-vis the Chinese Filing and Review System, China’s key legislative supervisory system, which we argue is indispensable in fully understanding the operation of Hong Kong’s Recordation and Review Mechanisms and resolve the two ambiguities highlighted. We sketch, drawing on the Chinese Filing and Review System, how the review process could be activated and how NPCSC’s power of review could be reconciled with local courts’ jurisdiction of constitutional review through developing a framework elucidating the proper judicial responses to a “passive confirmation” by the NPCSC in not returning a submitted law under different circumstances.

The CISG and its Extension to a Territorial Unit of a Contracting State: The Case of HongKong 

Liu Qiao… 67

A Sophisticated Solution for Overlapping Maritime Areas: Is Joint Development Keyfor the East China Sea? 

Horus Qi, Pengfei Zhang and Tingting Ni… 89

Parent Company’s Joint Liability in Tort: An Alternative to Manage Corporate Tort Problems 

Xue Feng… 117

The Unity of Non-territoriality in Outer Space versus the Diversity of Territoriality in Intellectual Property: A Reconciliation Regime for Sustainable Space Commercialization 

Chen Zhijie… 157

No-Fault Divorce: The Right Direction towards Therapeutic Justice 

Leon Vincent Chan and Andrea Ang Si Min… 183

Regulating Weighted Voting Rights in Asia: Pragmatism or a Race to the Bottom?

Charlie Weng Xiaochuan… 209

Diversity of Mediation and its Impact on the Singapore Mediation Convention

Cai Wei… 237

China Law

The Doctrine of  Kompetenz-Kompetenz: A Sino-French Comparative Perspective 

Fu Panfeng… 259

The Mandatory Bid Rule’s Dispensation Regime for the Gratuitous Transfer of State-owned Shares in China: An Analysis from the Perspective of Efficiency 

Xue Renwei… 289

The Autonomy of Charities in China 

Hui Jing… 323

The Charity Law, which was promulgated in 2016, creates a public law-pri¬vate law hybrid model for the regulation of charities in China. The incorpora¬tion of private law norms into the new legislative framework demonstrates the state’s willingness to confer greater autonomy on charitable actors with regard to determining how their assets can be utilised for charitable purposes. This article analyses the associated post-2016 regulatory framework and outlines the extent to which private actors can voluntarily engage in charitable activities after the passage of the new charity law. It also reports the way in which the new regulatory framework has been implemented in practice based on data col¬lected through semi-structured interviews. Observations associated with regula¬tory practices suggest that the political philosophy underlying the new regulatory framework remains unchanged: strict government control remains predomi¬nant, and the scope for private actors to exercise their management rights is still considerably limited.

Unravelling the Paradigm Shift of Imposing Capital Punishment for Property Offences in Early Qing Dynasty

Meng Ye and Chen Li… 351

Government as a Platform Chinese Style: The Health Code in China’s Rapidly Developing Digital Ecosystem

June Wang Zhiqiong… 367

Book Review

Towering Judges: A Comparative Study of Constitutional Judges

Evan Rosevear... 397

Transnational Sex-Trafficking

Patricia Ho… 403

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