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Edited by: Mark Arnold KC, Simon Mortimore KC
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Re-Ordering Hong Kong: Decolonisation and the Hong Kong Bill of Rights Ordinance


ISBN13: 9780854902309
Published: September 2017
Publisher: Wildy, Simmonds and Hill Publishing
Country of Publication: UK
Format: Hardback
Price: £95.00



In stock.

The promulgation of the Hong Kong Bill of Rights Ordinance (HKBORO) denotes a change in British decolonisation policy from that which prevailed in the 1950s and 1960s – the protection of minorities through a Bill of Rights.

The HKBORO is uniquely interesting. The decision to incorporate it into Hong Kong law was political, and aimed at restoring the confidence of the Hong Kong people following the suppression of the Tiananmen democratic movement in Beijing in 1989.

In addition, Hong Kong was the only Crown colony to entrench the International Covenant on Civil and Political Rights indirectly in a constitutional document -- in the case of Hong Kong, the Letters Patent, the constitution for Hong Kong before 1997. This incorporation and entrenchment was intended to ensure that the HKBORO continued in force under the Basic Law of the Hong Kong SAR, the “mini-constitution” after 1997.

The author suggests that Hong Kong provides a successful model for the courts in other common law jurisdiction in their efforts to incorporate international human rights jurisprudence into decision-making in the criminal law field. This book is not only suitable for practitioners, law teachers and students, but also for researchers with interests in UK colonial history, civil liberties and political science.

Subjects:
Other Jurisdictions , Wildy, Simmonds and Hill, Hong Kong, China
Contents:
Table of Cases;
Table of Statutes
Preface;

Chapter 1 Introduction
Chapter 2 Human Rights in Hong Kong After 1945 (I)
Chapter 3 Human Rights in Hong Kong After 1945 (II)
Chapter 4 The Drafting Process of The Bill Of Rights Ordinance (Part 1)
Chapter 5 The Drafting Process of The Bill Of Rights Ordinance (Part II)
Chapter 6 Hkboro: The Assessment
Chapter 7 Hkboro: The Aftermath
Chapter 8 Reflections and Readjustments
Bibliography

Series: Law in East Asia

Mediation and ADR Confidentiality in Hong Kong ISBN 9780854902644
Published March 2019
Wildy, Simmonds and Hill Publishing
£95.00
Transparency Challenges Facing China ISBN 9780854902606
Published January 2019
Wildy, Simmonds and Hill Publishing
£95.00
Mediation in Contemporary China: Continuity and Change ISBN 9780854902248
Published March 2017
Wildy, Simmonds and Hill Publishing
£95.00
Manufactured Obscurity: The Postcolonial Erasure of Suzerainty and the Changing Legal Status of Tibet ISBN 9780854901692
Published September 2015
Wildy, Simmonds and Hill Publishing
£95.00
The Evolution of the Land System in China: Politicized Law? ISBN 9780854901432
Published January 2015
Wildy, Simmonds and Hill Publishing
£95.00
The Revival of Private Property and Its Limits in Post-Mao China ISBN 9780854901333
Published January 2014
Wildy, Simmonds and Hill Publishing
£95.00
Traditional Chinese Penal Law ISBN 9780854900930
Published August 2013
Wildy, Simmonds and Hill Publishing
£95.00
China's Pre-Trial Justice: Criminal Justice, Human Rights and Legal Reforms in Contemporary China ISBN 9780854901036
Published January 2012
Wildy, Simmonds and Hill Publishing
£95.00
Corporate Governance and Legal Reform in China ISBN 9780854900367
Published March 2009
Wildy, Simmonds and Hill Publishing
£75.00
British Rule in China: Law and Justice in Weihaiwei 1898-1930 ISBN 9780854900268
Published August 2008
Wildy, Simmonds and Hill Publishing
£55.00
China's Psychiatric Inquisition: Dissent, Psychiatry and the Law in Post-1949 China ISBN 9781898029854
Published October 2006
Wildy, Simmonds and Hill Publishing
£95.00
Implementation of the WTO Agreements in China ISBN 9781898029793
Published October 2005
Wildy, Simmonds and Hill Publishing
£95.00