5 results on '"Basic Law"'
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2. Contextualising the National Anthem Law in Mainland China and Hong Kong
- Author
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Ting-Fai Yu
- Subjects
Cultural Studies ,Mainland China ,Politics ,Field (Bourdieu) ,Law ,Political science ,Geography, Planning and Development ,Political Science and International Relations ,Anthem ,Football ,Basic law ,Promulgation - Abstract
Introduction On 1 October 2017, the National People’s Congress passed a new law that punishes people who disrespect the national anthem. Soon after the law was implemented in mainland China, the Congress then inserted it into the Annex III of the Hong Kong Basic Law in its amendment on 4 November 2017, requiring the Special Administrative Region to apply it “locally by way of promulgation or legislation.” The decision came at a time when Hong Kong football fans, in the wake of the Umbrella Mo... more...
- Published
- 2018
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3. Hong Kong After the Umbrella Movement
- Author
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Samson Yuen
- Subjects
Cultural Studies ,Mainland China ,media_common.quotation_subject ,Geography, Planning and Development ,Public administration ,Basic law ,Democracy ,Umbrella Movement ,Universal suffrage ,Rule of law ,Law ,Political Science and International Relations ,One country, two systems ,Nomination ,Sociology ,media_common - Abstract
(ProQuest: ... denotes non-US-ASCII text omitted.)An uncertain future for "One Country Two Systems"Before police in riot gear fired rounds of tear gas at unarmed protesters on September 28, few could have expected that the siege of the government headquarters would turn the scripted Occupy Central (zhanling zhonghuan...) into Hong Kong's biggest and most unprecedented pro-democracy movement amidst its electoral reforms.(1) In the next twoand-a-half months, protesters of what became the Umbrella Movement (yusan yundong????)(2)would occupy major roads in the city's busiest districts, set up tents, stock up supplies, and protect their territories with makeshift barricades, sometimes with human chains, to stop police incursion and opposing groups. Across the encampments, they would press on for a focused goal - "genuine universal suffrage" (zhen puxuan???) for election of their Chief Executive, the city's top leader - until police officers cleared the last occupied site on December 15. This article assesses the implications of the Umbrella Movement as it drew to a close. It explains how the movement morphed from the Occupy Central movement, and reviews the controversy raised over the city's rule of law and constitutional relations with mainland China. Despite having amplified democracy supporters' yearnings for universal suffrage, the movement, in which no compromise was offered by Beijing and the Hong Kong government, will likely deepen social cleavages and send the city toward an uncertain future.From Occupy Central to the Umbrella MovementThe Umbrella Movement was set against a protracted debate over the electoral reform of the city's Chief Executive election. According to the National People's Congress ruling in 2007, Hong Kong may finally introduce universal suffrage for the election of the fifth Chief Executive in 2017 - after it was twice denied by Beijing for its 2007 and 2012 elections.(3) If universal suffrage is implemented in 2017, Chief Executive candidates would be elected by a popular vote instead of being selected by an election committee - but they must be selected by a nominating committee to ensure that the elected leader would not oppose the central government and that he/she would "love the country and love Hong Kong" (aiguo aigang ????), a requirement set out by numerous Chinese officials. In addition, Hong Kong's Basic Law requires this nominating committee to be "broadly representative" and to operate "in accordance with democratic procedures," but it does not clearly outline the composition of the committee or the nomination procedure.(4)The nomination process soon became the focal point of contention. Across the pro-democracy camp, there were widespread concerns that the nomination process will act as a safety valve to screen out candidates regarded unfavourably by Beijing. Fearing that the election might turn out to be "fake universal suffrage" (jia puxuan???), democracy supporters argued that they have not only the right to be elected but also the right to be nominated, and thus they deserve a more democratic and inclusive nomination process. (5) Many insisted on the introduction of civic nomination (gongmin timing ????), a mechanism that would allow the public to bypass the nominating committee and directly nominate Chief Executive candidates, but which has been rejected by the government as a contravention of the Basic Law. (6) Some would accept a more democraticallyformed nominating committee, as long as there was reform on its composition and/or a reasonably lower nomination threshold.The idea of Occupy Central was floated amidst the debate. In early 2013, law professor Benny TaiYiu-ting sketched the early vision of Occupy Central in a series of newspaper articles and interviews.(7)Tai proposed a large-scale civil disobedience (gongmin kangming????) movement in which participants would block traffic to petition for universal suffrage in the CE election that would comply with "international standards. … more...
- Published
- 2015
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4. Executive-legislative Disconnection in Post-colonial Hong Kong
- Author
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Brian C. H. Fong
- Subjects
Cultural Studies ,Government ,Engineering ,business.industry ,Project commissioning ,Corporate governance ,Geography, Planning and Development ,Legislature ,Public administration ,Basic law ,Colonialism ,Politics ,Publishing ,Law ,Political Science and International Relations ,business - Abstract
During the British colonial days, Hong Kong’s system of governance was usually described as an “executive-dominant system.” When crafting Hong Kong’s post-colonial political order in the 1980s, the Chinese leaders decided to maintain this executive-dominant style of governance in the HKSAR. Nevertheless, in spite of a wide range of constitutional powers conferred upon the Chief Executive by the Basic Law as well as the installation of a pro-government majority in the Legislative Council, unlike its colonial predecessor, the HKSAR government struggles to maintain its dominant position vis-a-vis the legislature over policy-making. This article attributes the dysfunction of the executive-dominant system after 1997 to Beijing’s resistance to the development of party-based government in Hong Kong. By marginalising political parties in the organisation and policy-making process of the HKSAR government, the executive and legislature have become disconnected since 1997, and the coalition between the non-partisan Chief Executive and pro-government parties remains fragile. In order to get Hong Kong out of the existing political quagmire, the development of some form of party-based government in Hong Kong is a critical issue that the Chinese government and the HKSAR government must confront. more...
- Published
- 2014
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5. Constituting Democracy in Hong Kong Ten Years On
- Author
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Michael C. Davis
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Cultural Studies ,Mainland China ,Human rights ,media_common.quotation_subject ,Geography, Planning and Development ,Social Welfare ,Public administration ,Basic law ,Democracy ,Rule of law ,Political Science and International Relations ,Sociology ,Democratization ,China ,media_common - Abstract
Just a decade ago we witnessed the launch of one of the most extraordinary political adventures of the late twentieth century, the return of freewheeling capital- ist Hong Kong to an allegedly communist China under China's notion of "one country, two systems"-making Hong Kong a Special Administrative Region of the Peo- ple's Republic of China. This anniversary marks the an- niversary of a number of other landmarks in Hong Kong history. Over two decades have passed since the signing of the 1984 Sino-British Joint Declaration for Hong Kong's return. And 17 years have passed since the 1990 enactment of the Hong Kong Basic Law((1), passed on the heals of China's harsh crackdown and suppression of the 1989 demonstrations. This legislation of China's Na- tional People's Congress (NPC) has become the consti- tution of Hong Kong and charts the roadmap for Hong Kong's long-term democratic development. It also affords constitutional security for Hong Kong's promised high degree of autonomy, human rights, and the rule of law. On account of the guarantees in the Joint Declaration and the Basic Law countries around the world have en- tered into numerous international agreements with and about Hong Kong.Less noticed than the tenth anniversary of the handover was the twentieth anniversary in 2005 of Hong Kong's democratisation process. Mainland officials and support- ers are fond of emphasising that democratisation in Hong Kong must be gradual and orderly. With the first demo- cratic election of legislators by 12 functional constituen- cies in 1985 and the introduction of 18 directly elected seats in 1991, Hong Kong may have the most gradual and orderly democratisation process in the world.During this first decade since the handover the contradic- tion between the liberal human rights protections that are afforded in Hong Kong and continued non-democratic authoritarian rule has been evident, producing a series of political crises. In a liberal constitutional environment the absence of democracy has produced the very instability that pro-Beijing opponents of democracy seem to most fear. We have been left to assess the costs of running a free society under the thumb of China's authoritarian sys- tem. Will a system of direct Beijing control underpinned by a network of political influence by Beijing supporters continue to be the dominant form of politics in Hong Kong, or will the constitutional democratic order prom- ised in the Joint Declaration and the Basic Law be per- mitted to emerge? The wisdom of a decade of experience may suggest the merits of the latter.The first decade after the handover has witnessed a vi- brant democracy movement in Hong Kong and equally vi- brant Beijing resistance. Political parties have flourished and pro-democracy politicians have generally done well in local elections. Mass demonstrations supporting democ- racy and related human rights concerns have become a common feature of Hong Kong politics. Pro-Beijing at- tacks on democracy have likewise persisted and the flag- ship pro-Beijing political parties have continued to carry the banner of resistance to democratic reform. In this en- vironment China's resistance to democratic development has become the central plank of Beijing's Hong Kong policy. Various official interpretations by Beijing have scotched any serious efforts at political reform, posing a fundamental challenge to the "one country, two systems" model. Will the promised democracy be achieved? Does Beijing's stance on democracy pose a risk to the constitu- tional order and related stability in Hong Kong?The analysis in the sections that follow lays out the con- stitutional roadmap for democratisation in Hong Kong, considers Beijing's interpretations of the Basic Law's democracy requirements, assesses the Hong Kong Gov- ernment's efforts at compliance with these dictates, and considers the constitutional debate now ensuing over full realisation of China's constitutional commitment to full universal suffrage in Hong Kong. … more...
- Published
- 2007
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