China's National Security: Endangering Hong Kong's Rule of Law?

Author:   Associate Professor Cora Chan (University of Hong Kong) ,  Fiona de Londras (University of Birmingham, UK)
Publisher:   Bloomsbury Publishing PLC
ISBN:  

9781509928156


Pages:   368
Publication Date:   05 March 2020
Format:   Hardback
Availability:   Manufactured on demand   Availability explained
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China's National Security: Endangering Hong Kong's Rule of Law?


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Overview

All states are challenged by the need to protect national security while maintaining the rule of law, but the issue is particularly complex in the China–Hong Kong context. This timely and important book explores how China conceives of its national security and the position of Hong Kong. It considers the risks of introducing national security legislation in Hong Kong, and Hong Kong’s sources of resilience against encroachments on its rule of law that may come under the guise of national security. It points to what may be needed to maintain Hong Kong’s rule of law once China’s 50-year commitment to its autonomy ends in 2047. The contributors to this book include world-renowned scholars in comparative public law and national security law. The collection covers a variety of disciplines and jurisdictions, and both scholarly and practical perspectives to present a forward-looking analysis on the rule of law in Hong Kong. It illustrates how Hong Kong may succeed in resisting pressure to advance China’s security interests through repressive law. Given China’s growing international stature, the book’s reflections on China’s approach to security have much to tell us about its potential impact on the global political, security, and economic order.

Full Product Details

Author:   Associate Professor Cora Chan (University of Hong Kong) ,  Fiona de Londras (University of Birmingham, UK)
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Weight:   0.710kg
ISBN:  

9781509928156


ISBN 10:   1509928154
Pages:   368
Publication Date:   05 March 2020
Audience:   College/higher education ,  Professional and scholarly ,  Tertiary & Higher Education ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand   Availability explained
We will order this item for you from a manufactured on demand supplier.

Table of Contents

1. Introduction: China’s National Security in Hong Kong: A Challenge for Constitutionalism, Autonomy and the Rule of Law Cora Chan and Fiona de Londras PART I CHINA v HONG KONG: NATIONAL SECURITY v THE RULE OF LAW? 2. Hong Kong in China: The Project of ‘One Country, Two Systems’ and the Question of National Security Albert HY Chen 3. China’s Imperatives for National Security Legislation Hualing Fu 4. Belief in the Rule of Law and its Resilience in the Hong Kong Political Identity Wai-Man Lam 5. Rule of Law Resilience: Comparative Perspectives from Macau Paulo Cardinal 6. One Country, Two National Security Systems Lin Feng PART II SOURCES OF RESILIENCE IN HONG KONG’S POLITICO-LEGAL CULTURE 7. Administrative Law as a Modest Guardian of the Rule of Law Swati Jhaveri 8. Twilight of the Idolised: Backsliding in Hong Kong’s Legal and Judicial Cultures Pui-Yin Lo 9. The Legislature as a ‘Vetogate’ Margaret Ng 10. Popular Civil Society Resistance and the Survival of Hong Kong: A Clash of Civilisations Michael C Davis 11. Gentle into that Good Night? Sources of Resilience in Hong Kong’s Politico-Legal Culture Surabhi Chopra PART III ENHANCING RESILIENCE 12. Old Law in New Bottles: Reintroducing National Security Legislation in Hong Kong Simon NM Young 13. Article 23 of the Hong Kong Basic Law: International Law and Institutions as Sources of Resilience Carole J Petersen 14. Maintaining Institutional Strength: The Court, the Act of State and the Rule of Law Johannes Chan 15. Building Rule of Law Resilience Th rough Institutions: A Proposed Institutional Infrastructure for National Security Legislation Cora Chan and Fiona de Londras 16. Unpalatable Realities and Hard Choices Danny Gittings 17. Conclusion: Security, Economy, Politics: The Chinese Agenda Yash Ghai and Jill Cottrell Ghai

Reviews

China's National Security excels in explaining Beijing's political motivations, the central-local dynamics at play, and the tensions within Hong Kong politics and society. -- Katja Drinhausen * MERICS China Briefing *


China’s National Security excels in explaining Beijing’s political motivations, the central-local dynamics at play, and the tensions within Hong Kong politics and society. -- Katja Drinhausen * MERICS China Briefing *


Author Information

Cora Chan is Associate Professor of Law at the University of Hong Kong. Fiona de Londras is Professor of Global Legal Studies at the University of Birmingham.

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