HONG KONG LAW JOURNAL
Publisher: Sweet & Maxwell
TABLE OF CONTENTS
Lecture
Food, Clothing
and Housing as Human Rights
Kemal Bokhary… 1
Articles
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
