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Introduction: the Uniqueness of Hong Kong Democracy

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Introduction: the Uniqueness of Hong Kong Democracy Notes Introduction: The Uniqueness of Hong Kong Democracy 1 . Charles Tilly, Democracy (New York: Cambridge University Press, 2007), p. 7. 2 . Ibid . 3 . Ibid ., p. 9. 4 . Ibid . 5 . Ibid ., p. xi. 6 . Ibid . 7 . Ibid ., p. 13. 8 . Charles Tilly, Trust and Rule (New York: Cambridge University Press, 2005), p. 12. 9 . Ibid. 10 . Ibid ., p. 104. 11 . Tilly, Democracy , p. 135. 12 . Ibid ., p. 136. 13 . Ibid ., p. 146. 14 . Ibid ., pp. 110–111. 15 . Ibid ., p. 110. 16 . Ibid ., p. 135. 17 . David Potter, “Explaining Democratization,” in David Potter, David Goldblatt, Margaret Kiloh and Paul Lewis, eds., Democratization (Cambridge: Polity Press, 1997), pp. 3–5. 18 . See, for example, Seymour Martin Lipset, Political Man (London: Heinemann, 1983). 19 . Ibid ., p. 21. 20 . Ibid . 21 . Ibid . 22 . Ibid ., p. 15. 23 . Guillermo O’Donnell and Philippe C. Schmitter, Transition from Authoritarian Rule: Tentative Conclusions about Uncertain Democracies (Baltimore, Maryland: Johns Hopkins University Press, 1986). 24 . Potter, “Explaining Democratization,” p. 29. 25 . Samuel P. Huntington, The Third Wave: Democratization in the Late Twentieth Century (Norman: University of Oklahoma Press, 1993), p. 7. 26 . Ibid ., p. 38. 27 . Ibid ., pp. 65–66. 28 . Ibid ., p. 73. 29 . Ibid ., p. 86. 30 . Ibid ., pp. 93–94. 31 . Ibid ., p. 100. 32 . Ibid ., p. 122. 33 . Ibid ., p. 123. 34 . Ibid ., p. 142. 160 Notes 161 35 . Ibid ., p. 151. 36 . Ibid ., pp. 152–153. 37 . Ibid ., p. 159. 38 . Ibid ., p. 159. 39 . Ibid ., p. 171. 40 . Ibid ., p. 192. 41 . Ibid ., p. 199. 42 . Ibid ., p. 202. 43 . Ibid ., p. 205. 44 . Ibid ., p. 300. 45 . Ibid ., p. 302. 46 . Guillermo O’Donnell, “Horizontal Accountability in New Democracies,” Journal of Democracy , vol. 9, no. 3 (1998), pp, 112–113. 47 . Ibid ., p. 117. 48 . Ibid ., p. 119. 49 . Ibid ., pp. 122–123. 50 . For details, see Lo Shiu-Hing, The Politics of Democratization in Hong Kong (London: Palgrave Macmillan, 1997), pp. 252–260. 51 . Sonny Shiu-Hing Lo, The Politics of Crisis Management in China: The Sichuan Earthquake (Lanham: Lexington Books, 2014). 52 . Also see Bruce Kwong, Patron-Client Politics and Elections in Hong Kong (London: Routledge, 2010). 53 . For the critical first five years of the Tung Chee-hwa administration and its legitimacy problems, see Lo Shiu-Hing, Governing Hong Kong: Legitimacy, Communication and Political Decay (New York: Nova Science, 2001). 1 Historical Origins of the Hong Kong Model of Democracy and Interactions with the China Factor 1 . Green Paper: The Further Development of Representative Government in Hong Kong (Hong Kong: Government Printer, July 1984). 2 . Green Paper: The 1987 Review of Developments in Representative Government (Hong Kong: Government Printer, May 1987), pp. 26–27. 3 . See White Paper: The Development of Representative Government; The Way Forward (Hong Kong: Government Printer, February 1988). 4 . John Flowerdew, The Final Years of British Hong Kong: The Discourse of Colonial Withdrawal (London: Macmillan, 1998), pp. 106–128. 5 . Lo Shiu-Hing, Governing Hong Kong: Legitimacy, Communication and Political Decay (New York: Nova Science, 2001), pp. 161–165. 6 . The Basic Law and Hong Kong: The Fifteenth Anniversary of Reunification with the Motherland , in http://www.basiclaw.gov.hk/en/publications/book/ 15anniversary-reunification_ch1_4.pdf, access date: August 21, 2014. 7 . Representative Government in Hong Kong (Hong Kong: Government Printer, February 1994), pp. 21–22. 8 . Lo Shiu-Hing and Yu Wing-yat, Election and Democracy in Hong Kong: The 1998 Legislative Council Election , No. 4 (Maryland: School of Law, University of Maryland, 1999), p. 20. 162 Notes 9 . For details, see Sonny Shiu-Hing Lo, The Dynamics of Beijing- Hong Kong Relations: A Model for Taiwan? (Hong Kong: Hong Kong University Press, 2008), pp. 166–167. 10 . The First Report of the Constitutional Task Force: Issues of Legislative Process in the Basic Law Relating to Constitutional Development , March 2004 , in http://www. cmab.gov.hk, access date: August 23, 2014. 11 . The Second Report of the Constitutional Task Force: Issues of Principle in the Basic Law Relating to Constitutional Development, April 2004 , in http://www.cmab. gov.hk, access date: August 23, 2014. 12 . The Interpretation of the Standing Committee of the National People’s Congress of Article 7 of Annex I and Article III of Annex II to the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China, adopted at the Eighth Session of the Standing Committee of the Tenth National People’s Congress on 6 April 2004 , in http://www.basiclaw.gov.hk/en/basiclawtext/index.html, access date: August 23, 2014. 13 . The Second Report of the Constitutional Task Force: Issues of Principle in the Basic Law Relating to Constitutional Development, April 2004 , in http://www.cmab. gov.hk, p. 38, access date: August 23, 2014. 14 . Ibid . 15 . Ibid . 16 . Ibid ., p. 39. 17 . Ibid . 18 . Decision of the SCNPC on Issues Relating to the Methods for Selecting the Chief Executive of the HKSAR in the Year 2007 and for Forming the LegCo of the HKSAR in the Year 2008, adopted at the Ninth Session of the Standing Committee of the Tenth National People’s Congress on 26 April 2004, in http:///www. basiclaw.gov.hk/en/basiclawtext/index.html, access date: August 22, 2014. 19 . The Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China (Hong Kong: Consultative Committee for the Basic Law, April 1990), p. 29. 20 . Ibid ., p. 60. 21 . Ibid . 22 . Sonny Shiu-Hing Lo, Competing Chinese Political Visions: Hong Kong vs. Beijing on Democracy (Santa Barbara: Praeger, 2010), p. 66. 23 . Ibid ., p. 71. 24 . Decision of the SCNPC on Issues Relating to the Methods for Selecting the Chief Executive of the HKSAR and for Forming the LegCo of the HKSAR in the Year 2012 and on Issues Relating to Universal Suffrage , adopted at the Thirty First Session of the Standing Committee of the Tenth National People’s Congress on 29 December 2007, in http:///www.basickaw.gov.hk/en/basiclatext/images/basi- clawtext.doc21.pdf, access date: August 26, 2014. 25 . Gary Cheung, Albert Wong and Fanny Fung, “Cheers and Jeers for Political Reform Vote,” South China Morning Post , June 25, 2010. 26 . Ibid . 27 . The Practice of the “One Country, Two Systems” Policy in the Hong Kong Special Administrative Region: Information Office of the State Council, The People’s Republic of China (Beijing: Foreign Language Press, 2014). 28 . Ibid. , p. 2. Notes 163 29 . Ibid ., p. 8. 30 . Ibid ., p. 9. 31 . Ibid . 32 . Ibid . 33 . Ibid ., p. 10. 34 . Ibid . 35 . Ibid ., pp. 11–12. 36 . Ibid ., p. 13. 37 . Ibid. , p. 14. 38 . Ibid ., p. 15. 39 . Ibid ., p. 15. 40 . Ibid ., pp. 29–32. 41 . Ibid ., p. 40. 42 . Ibid . 43 . Ibid ., pp. 40–41. 44 . Ibid ., p. 41. 45. Ibid . 46 . Ibid ., p. 42. 47 . Ibid . 48 . Ibid . 49 . Ibid . 50 . For details, see Sonny Shiu-Hing Lo, “The Role of a Political Interest Group in Democratization of China and Hong Kong: The Hong Kong Alliance in Support of Patriotic Democratic Movements in China,” Journal of Contemporary China , vol. 22, no. 84 (November 2013), pp. 923–943. 51 . Ibid ., p. 46. 52 . Ibid ., pp. 46–47. 53 . Ibid ., p. 52. 54 . Ta Kung Pao , January 24, 2015, p. A14. 55 . Ibid. 2 The Dual Development of Rule of Law and Judicial Independence 1 . Rachel Kleinfeld Belton, Competing Definitions of the Rule of Law: Implications for Practitioners (Washington: Carnegie Endowment for International Peace, 2005), p. 3. 2 . Ibid. , p. 7. 3 . E. P. Thompson, Whigs and Hunters: The Origin of the Black Act (New York: Pantheon Books, 1975), p. 265, cited in Brian Z. Tamanaha, On the Rule of Law: History, Politics, Theory (Cambridge: Cambridge University Press, 2004), p. 137. 4 . Tamanaha, On the Rule of Law , p. 138. 5 . Ibid ., p. 140. 6 . Richard Cullen’s interpretation of Albert Venn Dicey’s concept of the rule of law, see Richard Cullen, The Rule of Law in Hong Kong (Hong Kong: Civic Exchange, July 2005), p. 4. 7 . Ibid ., p. 8. 164 Notes 8 . The United Nations Rule of Law Indicators: Implementation Guide and Project Tools (United Nations: Department of Peacekeeping Operations, 2011), p. 4. 9 . “The Chief Justice’s Address at the Opening of the Legal Year,” 1998, in http:// www.judiciary.gov.hk/en/other_info/speeches.htm, access date: October 28, 2014. 10 . Ibid. 11 . Cited by Li in “The Chief Justice’s Address.” 12 . Li’s address in “The Chief Justice’s Address.” 13 . Ibid. 14 . “The Chief Justice’s Address at the Opening of the Legal Year,” 1999, in http:// www.judiciary.gov.hk/en/other_info/speeches.htm, access date: October 2014. 15 . Ibid. 16 . “The Chief Justice’s Address at the Opening of the Legal Year,” 2000, in http:// www.judiciary.gov.hk/en/other_info/speeches.htm, access date: October 28, 2014. 17 . “The Chief Justice’s Address at the Opening of the Legal Year,” 2001, in http:// www.judiciary.gov.hk/en/other_info/speeches.htm, access date: October 28, 2014. 18 . The Chief Justice’s Address at the Opening of the Legal Year, 2002, in http:// www.judiciary.gov.hk/en/other_info/speeches.htm, access date: October 28, 2014. 19 . “The Chief Justice’s Address at the Opening of the Legal Year,” 2003, in http:// www.judiciary.gov.hk/en/other_info/speeches.htm, access date: October 28, 2014. 20 . “The Chief Justice’s Address at the Opening of the Legal Year,” 2004, in http:// www.judiciary.gov.hk/en/other_info/speeches.htm, access date: October 28, 2014. 21 .
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