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Constitutional Law in Hong Kong, Third Edition by COORAY

Constitutional Law in Hong Kong, Third Edition

By Anton Cooray


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Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Hong Kong provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure.

Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion on the form and structure of the government centres on the pivotal role played by the doctrine of separation of powers in distributing functions among the three main organs of government.  Special attention is paid to the political, legislative, executive and judicial relationship between the PRC and Hong Kong SAR.   Some of the special issues discussed are foreign relations, emergency legislation and taxation. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance.

Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Hong Kong will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.

Publish Date 12/09/2019
Publish Frequency As Needed
Product Line Kluwer Law International
ISBN 9789403517711
SKU 10057486-0002
Table of Contents

The Author

List of Abbreviations

General Introduction

Chapter 1. An Outline of Hong Kong’s Constitutional History

Chapter 2. The Form of Colonial Government at the Time of the Handover of Hong Kong in 1997

Chapter 3. The Form of Government under the Basic Law

Chapter 4. Hong Kong: Territory (Geographic Data)

Chapter 5. Population (Demographic Data)

Part I. Sources of Constitutional Law

Chapter 1. Treaties

Chapter 2. Constitution (Classification, Nature and Main Features of the Basic Law)

Chapter 3. Legislation and Other Equivalent Legal Norms

Chapter 4. Jurisprudence

Chapter 5. Customary Law, Unwritten Law and General Principles of Law

Chapter 6. Subordinate Rules and Regulations

Chapter 7. Constitutional Structure of Hong Kong: An Overview

Part II. Form of Government

Chapter 1. General

Chapter 2. Head of State

Chapter 3. The Legislature

Chapter 4. The Executive

Chapter 5. The Judiciary in Hong Kong

Chapter 6. Independent, Non-political Agencies in the Legislative or Executive Branch

Part III. The State and Its Subdivisions

Chapter 1. The Relationship Between the Chinese Central Authorities and the Hong Kong Special Administrative Region

Chapter 2. Interpretation of the Basic Law

Chapter 3. District Administration

Part IV. Citizenship and the Administration of Justice

Chapter 1. Rules Concerning Nationality and the Relevance of Nationality

Chapter 2. Fundamental Rights and Liberties

Chapter 3. Constitutional Problems of Minorities (Protection of Minorities and Group Rights)

Chapter 4. Judicial Control of Administrative Action

Chapter 5. Legal Position of Aliens

Part V. Special Problems

Chapter 1. War, Treaty and Foreign Affairs Powers

Chapter 2. The Taxing and Spending Powers

Chapter 3. Emergency Laws (Legislation Under Emergency Powers for War or Under Other Extraordinary Circumstances)

Chapter 4. The Constitutional Relationship Between Church and State

Selected Bibliography

Table of Cases

Table of Statutes