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The Hong Kong Basic Law
Author(s): P.Y. Lo
Hong Kong's Basic Law sits above all laws of the territory and is unique and important to both Hong Kong and China.
Publication Date: March 2011
Publisher: LexisNexis
Hong Kong's Basic Law sits above all laws of the territory and is unique and important to both Hong Kong and China. Since coming into effect in 1997, when the China resumed sovereignty over this Special Administrative Region, Hong Kong's jurisprudence has been shaped by decisions touching upon diverse areas including the criminal process, fair hearings, property rights, human rights and even social and economic policy.
This book, The Hong Kong Basic Law, embodies the importance and supremacy of its subject matter. Masterfully composed by a learned and experienced author, the text brings together an immense breadth of material into a comprehensive and complete annotation. It is organised according to the structure of the Basic Law, with each of the 160 Articles and three Annexes receiving individual and in-depth analysis. The author draws upon not only Hong Kong judicial decisions and commentary, but also scholarly writings and important comparative jurisprudence from other jurisdictions including the PRC, Macao and Taiwan.
The Hong Kong Basic Law is thoroughly researched and fully referenced to external and extrinsic sources, and also supplemented by appendices providing further crucial context as to the framework within which the Basic Law operates. This text is now the one-stop reference for practitioners, judges, jurists and interested laypersons wishing to research and understand Hong Kong's primary constitutional document.
"I am very pleased to see the much needed publication of this Basic Law annotation which gives an extremely comprehensive analysis of the provisions of the Basic Law ... I am confident that any person who wishes to look up a point in the Basic Law will find this book extremely helpful: it is not only rich in content, it is also conveniently arranged. It will be a book I would turn to whenever I need help on a problem involving the Basic Law."
- The Hon Mr Justice Patrick Chan,
Permanent Judge of the Court of Final Appeal
"It will no doubt provide a helpful guide to anyone who is to research on the Basic Law, be they lay persons who are interested about the working of our constitution or experienced legal academics or lawyers who wish to research in depth on any particular aspect of the Basic Law."
- Professor Johannes Chan, SC
"True to being the master that he is, the author draws a thread through the wealth of material to provide a comprehensive yet deep analysis of every question. He spares no effort to provide references and additional reading materials for those who wish to research even further ... The Hong Kong Basic Law holds itself out to be in a class of its own, and will be well sought after as the authoritative text on the subject for students and practitioners alike."
- Mr Lester G Huang, JP
This book, The Hong Kong Basic Law, embodies the importance and supremacy of its subject matter. Masterfully composed by a learned and experienced author, the text brings together an immense breadth of material into a comprehensive and complete annotation. It is organised according to the structure of the Basic Law, with each of the 160 Articles and three Annexes receiving individual and in-depth analysis. The author draws upon not only Hong Kong judicial decisions and commentary, but also scholarly writings and important comparative jurisprudence from other jurisdictions including the PRC, Macao and Taiwan.
The Hong Kong Basic Law is thoroughly researched and fully referenced to external and extrinsic sources, and also supplemented by appendices providing further crucial context as to the framework within which the Basic Law operates. This text is now the one-stop reference for practitioners, judges, jurists and interested laypersons wishing to research and understand Hong Kong's primary constitutional document.
"I am very pleased to see the much needed publication of this Basic Law annotation which gives an extremely comprehensive analysis of the provisions of the Basic Law ... I am confident that any person who wishes to look up a point in the Basic Law will find this book extremely helpful: it is not only rich in content, it is also conveniently arranged. It will be a book I would turn to whenever I need help on a problem involving the Basic Law."
- The Hon Mr Justice Patrick Chan,
Permanent Judge of the Court of Final Appeal
"It will no doubt provide a helpful guide to anyone who is to research on the Basic Law, be they lay persons who are interested about the working of our constitution or experienced legal academics or lawyers who wish to research in depth on any particular aspect of the Basic Law."
- Professor Johannes Chan, SC
"True to being the master that he is, the author draws a thread through the wealth of material to provide a comprehensive yet deep analysis of every question. He spares no effort to provide references and additional reading materials for those who wish to research even further ... The Hong Kong Basic Law holds itself out to be in a class of its own, and will be well sought after as the authoritative text on the subject for students and practitioners alike."
- Mr Lester G Huang, JP
1 GENERAL PRINCIPLES
2 RELATIONSHIP BETWEEN THE CENTRAL AUTHORITIES AND THE HONG KONG SPECIAL ADMINISTRATIVE REGION
3 FUNDAMENTAL RIGHTS AND DUTIES OF THE RESIDENTS
4 POLITICAL STRUCTURE
Section 1 - The Chief Executive
Section 2 - The Executive Authorities
Section 3 - The Legislature
Section 4 - The Judiciary
Section 5 - District Organizations
Section 6 - Public Servants
5 ECONOMY
Section 1 Public Finance, Monetary Affairs, Trade, Industry and Commerce
Section 2 Land Leases
Section 3 Shipping
Section 4 Civil Aviation
6 EDUCATION, SCIENCE, CULTURE, SPORTS, RELIGION, LABOUR AND SOCIAL SERVICES
7 EXTERNAL AFFAIRS
8 INTERPRETATION AND AMENDMENT OF THE BASIC LAW
9 SUPPLEMENTARY PROVISIONS
ANNEX 1
ANNEX 2
ANNEX 3
APPENDIX 1 -
Decision of the National People's Congress on the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China
APPENDIX 2 -
Decision of the National People's Congress on the Establishment of the Hong Kong Special Administrative Region
APPENDIX 3 -
Decision of the Standing Committee of the National People's Congress on the English Text of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China
APPENDIX 4 -
Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People's Republic of China on the Question of Hong Kong
APPENDIX 5 -
Explanations on "The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China (Draft)" and its Related Documents, by Ji Pengfei, Chairman of the Drafting Committee for the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China
APPENDIX 6 -
Decision of the Standing Committee of the National People's Congress on Treatment of the Laws Previously In Force in Hong Kong in Accordance with Article 160 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China
APPENDIX 7 -
Order of the State Council of the People's Republic of China No 221
APPENDIX 8 -
Hong Kong Reunification Ordinance (110 of 1997)
APPENDIX 9 -
Promulgation of National Laws 1997 (LN 378/1997)
APPENDIX 10 -
Promulgation of National Laws (No 2) 1997 (LN 386/1997)
APPENDIX 11 -
Promulgation of National Law 1998 (LN 393/1998)