Syllabus for Hong Kong Constitutional Law
1. The Acquisition of British Sovereignty
The Unequal treaties – the Basis of British Jurisdiction in Hong Kong – The Assumption and exercise of British Authority – The Constitution and the System of Government – Political reform in the Fifties – Development of the Administrative System – Development of Representative Government;
2. The Resumption of Sovereignty
Sovereignty and Self-Determination – Sino-British Negotiation and the Joint Declaration – the Drafting of the Basic Law – Residual Powers – Scope of Application of Chinese Constitution – The Structure of the Basic Law – Transitional Issues – Patten’s Political Reform in the Nineties – Breakdown of the Through-train model – Provisional Legislative Council and its Legality;
3. The Framework of the Basic Law
Models of Autonomy and One Country, Two Systems – Separation of powers in the Basic Law – The nature of the Basic Law – General Principles – Relationship between Central Government and the HKSAR;
4. The Political and Administrative System
The Political Structure – Basic principles – Forms of Representation – NPC – Centralized and Consultative Government – Separation of powers or Executive-led Government – Legislative Council – Composition – Powers and Functions of the LegCo – Restriction on law making powers – Law making process – Supervision of executive and parliamentary enquiry – Public Finance – Impeachment of the Chief Executive – Selection of the Chief Executive – The Executive and the Chief Executive in Council – Contradictions in the political system – Neutrality of the civil service and the Ministerial System – Localization and principal officials;
5. Constitutional Jurisdiction of the Courts of the HKSAR
Parliamentary sovereignty and its application to the HKSAR – Act of State – Facts of State – Judicial review of legislation – resolutions of the NPCSC;
6. Interpretation and Amendment of the Basic Law
The importance of interpretation and the mode of interpretation – The Scheme for interpretation under Art 158 – Judicial referral, classification test and necessity test – The interpretation powers of the NPCSC and the HKSAR Courts – Problems arising under Art 158 – Legislative interpretation versus judicial interpretation – Judgment previously rendered shall not be affected – Role of the Basic Law Committee – Principles of and approach to interpretation – The scheme of Amendments to the Basic Law;
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7. Rights and Freedoms
The General Framework for the Protection of Rights and Freedoms – Chapter 3, the Bill of Rights and the ICCPR – ICESCR and ILO – Civil and Political Rights – Economic rights and property rights – Social and cultural rights and policies – Lawful traditional rights and interests of the New Territories Indigenous Inhabitants – Limitations or restrictions of rights and freedoms – State of Emergency – Restrictions under Art 23;
8. International Aspects of the HKSAR
Chinese view of international law – External Affairs powers of the HKSAR – Role and problems of HKSAR in international legal regime – Succession of rights and obligations in international treaties applicable to Hong Kong before 1997 – capacity to participate in international treaties, conferences and organizations – Conflicts of law and recognition of judgments of Taiwan courts;
9. The Constitutional System of the People’s Republic of China
Theory of socialist constitution – A brief history of Chinese Constitutional System – The PRC Constitution – Central Authorities of the PRC (NPC, NPCSC, State Council, Central Military Commission) – The role and organization of the Communist Party – Special Administrative Regions under Art 31 – Rights and legality – Sources of Law (Legislative Interpretation and Executive Interpretation) – The Judiciary, the Public Security Bureau and the Procuratorate – Review of the Judiciary – A Developing Constitution.
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