Autonomy and Protection of Fundamental Rights in the Hong Kong Special Administrative Region
Author(s): Yun-Bor Wong
Publication Date: 22 May 2007
The question of whether Hong Kong is an autonomous region independent of the PRC or an internal administrative region of the PRC is not straightforward.
The question of whether Hong Kong is an autonomous region independent of the PRC or an internal administrative region of the PRC is not straightforward. The answer is particularly unclear when it comes to the practical protection of fundamental rights.
This book explores the legal structure of the HKSAR, including its constitutional and international status, and analyse the legal meaning of " one country, two systems" . It focuses on the issues of self-determination and the protection of the rights of the people of a territory who have transferred from one state to another with reference to international treaties and the provisions of a national constitution.
This is one of the first studies to comprehensively review the legal problems arising from Hong Kong's transition and the first book to systematically analyse the legal meaning of the " autonomy" currently practiced in Hong Kong. It will be a significant contribution to the further understanding of international law and Chinese constitutional law.
Offering a detailed dissertation on the fundamentals of the HKSAR legal system, this book will be valuable to barristers, solicitors, academics and students engaged in the practice or study of constitutional law and practice. It will also e of great interest to all people concerned with the legal realities of collective and individual rights in Hong Kong.
Table of contents
1 The international status of Hong Kong (legal status before and after 1997; subjects of international law)
2 The right to self determination and autonomy (Hong Kong inhabitants as a ‘people’; autonomy in international and national law)
3 The protection of individual rights in the framework of international legislation (the ICCPR: continuity, reservations and incorporation into domestic law; the ICESCR; international labour conventions)
4 The protection of individual rights in the framework of domestic legislation (the national constitution; the Bill of Rights Ordinance, change of nationality and citizenship; protection of fundamental rights in the Basic Law)
5 Independence of the Judiciary