Read e-book online One Country, Two Systems, Three Legal Orders - Perspectives PDF

By Yash Ghai (auth.), Jorge Costa Oliveira, Paulo Cardinal (eds.)

ISBN-10: 3540685715

ISBN-13: 9783540685715

“One state, platforms, 3 felony Orders” – views of Evolution – : Essays on Macau’s Autonomy after the Resumption of Sovereignty by means of China” will be acknowledged, in a quick preamble-like demeanour, to be a publication that offers a complete examine a number of concerns relating to public legislation that come up from, or correlate with, the chinese language apex motto for reunification – One state, structures – and its implementation in Macau and Hong Kong. Noble and modern topics equivalent to autonomy versions and primary rights are completely approached, with a multilayered research encompassing either Western and chinese language perspectives, and an in depth comparative legislation acquis can also be introduced ahead. in addition, suitable matters on foreign legislations, legal legislation, and ancient and comparative evolutions and interactions of other criminal s- tems are laid down during this panoramic, but accomplished publication. One can't yet underline the presence, within the many ways and reviews, of a definite charisma of a contemporary Kantian cosmopolitanism revisitation during the paintings, specifically while facing the cardinal precept of «One kingdom, Systems», which enabled a calm and necessary reunification ex vi overseas legislation – the Joint Declarations – that ended an exterior and far away control.

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Extra info for One Country, Two Systems, Three Legal Orders - Perspectives of Evolution

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Even the Chinese laws that are applicable have to be enforced either through local legislation or promulgation. Implementation through local legislation enables the adaptation to common law procedures (and to the framework of the Basic Law). The law on treason and subversion against the Central People’s Government that the Basic Law requires has to be enacted by the Hong Kong legislature (Article 23), thus broadly within the parameters of the common law. Several provisions expressly provide for the application of the common law and the continuation of the previous legal and judicial systems (Articles 8, 18, 19, 80–96, and 160).

The whole system, it was assumed, was marked by capriciousness, the very opposite of predictability and fairness of the common law. In negotiations with China over the return of Hong Kong, the British government was insistent on the preservation of the common law system. Britain itself had massive commercial interests in Hong Kong which needed a fair and effective legal system. Beijing’s Hong Kong advisers recommended the retention of the legal system. It would seem that China did not need much persuasion, for with its new found enthusiasm for the market as the instrument for the modernisation of its own economy, it was becoming aware of the importance of an effective legal system.

According to him, the common law no longer applied because the provision for its continuation was made by the Provisional 11 HKSAR v Ma Wai Kwan David [1997] HKLRD 761, [1997] 2 HKC 315. [1997] HKLRD 1081, [1997] 3 HKC 64. 13 Cheung Lai Wah v Director of Immigration [1998] 1 HKC 617 (part 1 of the judgment), [1998] 2 HKC 382 (part 2 of the judgment). 14 [1999] 1 HKLRD 315. 15 5 US 137 (1803). 12 The Intersection of Chinese Law and the Common Law 23 Legislative Council which was established by the SAR Preparatory Committee (which itself was by the NPC the pursuant to an NPC decision dated 4 April 1990) in disregard of the Basic Law.

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One Country, Two Systems, Three Legal Orders - Perspectives of Evolution by Yash Ghai (auth.), Jorge Costa Oliveira, Paulo Cardinal (eds.)

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