Hong Kong's Court of Final Appeal: The Development of the Law in China's Hong Kong

ISBN-13: 9781107011212 / Angielski / Twarda / 2013 / 738 str.

Simon N M Young

Opis

This book is primarily about how a former British colony, now a part of China, established its own final court (to replace the Privy Council), and how that court under a new constitutional order developed the law in Hong Kong in its first thirteen years, under the leadership of its first Chief Justice, Andrew Li. In doing so we look broadly at the question of whether the court has acted justly and delivered justice to the litigants. The first part of the book provides a broader context to view at these issues. So there are chapters describing the context of China and autonomy, followed by a chapter on the Macau Court. But these chapters only serve to provide a kind of foil from which to see and understand the Hong Kong Court.

Recenzje

'This masterful volume is an essential read for all who are interested in the development of law in Hong Kong and the PRC and questions about judicial economy generally.' Pitman B. Potter, Pacific Affairs

Spis treści

1. Themes and arguments Yash Ghai; Part I. Final Appeals: Setting the Context: 2. Autonomy and the Court of Final Appeal: the constitutional framework Yash Ghai; 3. Two interpreters of the basic law: the CFA and NPCSC Xiaonan Yang; 4. A worthy predecessor? The Privy Council on Appeal from Hong Kong, 1853–1997 Oliver Jones; Part II. The Hong Kong Court of Final Appeal: 5. Genesis of Hong Kong's Court of Final Appeal Simon N. M. Young, Antonio Da Roza and Yash Ghai; 6. Final Appeals then and now Simon N. M. Young and Antonio Da Roza; 7. Jurisdiction and procedure Antonio Da Roza; 8. A practitioner's perspective Michael Thomas; 9. A human rights lawyer's perspective Mark Daly; Part III. Judges and Judging: 10. Role of the Chief Justice Simon N. M. Young, Antonio Da Roza and Yash Ghai; 11. The judges Simon N. M. Young and Antonio Da Roza; 12. Concurring and dissenting in the Hong Kong Court of Final Appeal Jill Cottrell and Yash Ghai; Part IV. Jurisprudence of the Court: 13. The common law Sir Anthony Mason; 14. Basic law Albert H. Y. Chen and P. Y. Lo; 15. Human rights Simon N. M. Young; 16. Administrative law Johannes Chan; 17. Criminal law Simon N. M. Young; 18. Commercial law William Waung; 19. Land law Malcolm Merry; 20. Tort law Rick Glofcheski; 21. Civil procedure Gary Meggitt; Part V. Perspectives from Beyond Hong Kong: 22. Impact of jurisprudence beyond Hong Kong P. Y. Lo; 23. Macau's Court of Final Appeal Jorge Godinho and Paulo Cardinal; 24. Foreign judges: a European perspective Josef Marko.