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Academic Freedom and Critical Speech in Hong Kong: China’S Response to Occupy Central and the Future of “One Country, Two Systems”∗
Academic Freedom and Critical Speech in Hong Kong: China’s Response to Occupy Central and the Future of “One Country, Two Systems”∗ Carole J. Petersen† and Alvin Y.H. Cheung†† I.!!!!!!Introduction .............................................................................. 2! II.!!!!The “One Country, Two Systems” Model: Formal Autonomy but with an Executive-Led System ...................... 8! III. Legal Protections for Academic Freedom and Critical Speech in Hong Kong’s Constitutional Framework ............ 13! IV. University Governance: The Impact of Increased Centralization and Control ................................................... 20! V. !Conflicts between The Academic Community and the Hong Kong and Central Governments ................................ 28! VI. Beijing’s Retribution: Increased Interference in Hong Kong Universities ................................................................ 40! VII. The Disapearing Booksellers ............................................... 53! VIII. Conclusion ........................................................................... 58! *Copyright © 2016 Carole J. Petersen and Alvin Y.H. Cheung. The authors thank the academics who agreed to be interviewed for this article and research assistants Jasmine Dave, Jason Jutz, and Jai Keep-Barnes for their assistance with research and editing. This is an updated version of a paper presented at a roundtable organized by the Council on Foreign Relations on December 15, 2015, and the authors thank the chair of the roundtable, Professor Jerome A. Cohen, and other participants for their comments. The William S. Richardson School of Law at the University of Hawai’i at Manoa supported Professor Petersen’s travel to Hong Kong to conduct interviews for this article. † Carole J. Petersen is a Professor at the William S. Richardson School of Law and Director of the Matsunaga Institute for Peace and Conflict Resolution, University of Hawai’i at Manoa. She taught law at the University of Hong Kong from 1991–2006 and at the City University of Hong Kong from 1989-1991. -
OFFICIAL RECORD of PROCEEDINGS Thursday, 6 November 2014 the Council Continued to Meet at Nine O'clock
LEGISLATIVE COUNCIL ─ 6 November 2014 1671 OFFICIAL RECORD OF PROCEEDINGS Thursday, 6 November 2014 The Council continued to meet at Nine o'clock MEMBERS PRESENT: THE PRESIDENT THE HONOURABLE JASPER TSANG YOK-SING, G.B.S., J.P. THE HONOURABLE ALBERT HO CHUN-YAN THE HONOURABLE LEE CHEUK-YAN THE HONOURABLE JAMES TO KUN-SUN THE HONOURABLE CHAN KAM-LAM, S.B.S., J.P. THE HONOURABLE LEUNG YIU-CHUNG DR THE HONOURABLE LAU WONG-FAT, G.B.M., G.B.S., J.P. THE HONOURABLE EMILY LAU WAI-HING, J.P. THE HONOURABLE TAM YIU-CHUNG, G.B.S., J.P. THE HONOURABLE ABRAHAM SHEK LAI-HIM, G.B.S., J.P. THE HONOURABLE TOMMY CHEUNG YU-YAN, S.B.S., J.P. THE HONOURABLE VINCENT FANG KANG, S.B.S., J.P. THE HONOURABLE WONG KWOK-HING, B.B.S., M.H. 1672 LEGISLATIVE COUNCIL ─ 6 November 2014 PROF THE HONOURABLE JOSEPH LEE KOK-LONG, S.B.S., J.P., Ph.D., R.N. THE HONOURABLE JEFFREY LAM KIN-FUNG, G.B.S., J.P. THE HONOURABLE ANDREW LEUNG KWAN-YUEN, G.B.S., J.P. THE HONOURABLE WONG TING-KWONG, S.B.S., J.P. THE HONOURABLE RONNY TONG KA-WAH, S.C. THE HONOURABLE CYD HO SAU-LAN, J.P. THE HONOURABLE STARRY LEE WAI-KING, J.P. DR THE HONOURABLE LAM TAI-FAI, S.B.S., J.P. THE HONOURABLE CHAN HAK-KAN, J.P. THE HONOURABLE CHAN KIN-POR, B.B.S., J.P. DR THE HONOURABLE PRISCILLA LEUNG MEI-FUN, S.B.S., J.P. -
立法會 Legislative Council
立法會 Legislative Council LC Paper No. CB(2)1684/99-00 (These minutes have been seen by the Administration) Ref : CB2/PL/CA Legislative Council Panel on Constitutional Affairs Minutes of meeting held on Monday, 21 February 2000 from 2:30 pm to 4:30 pm in the Chamber of the Legislative Council Building Members : Hon Andrew WONG Wang-fat, JP (Chairman) Present Hon Emily LAU Wai-hing, JP (Deputy Chairman) Hon Margaret NG Hon CHEUNG Man-kwong Hon Ambrose LAU Hon-chuen, JP Hon LEE Wing-tat Hon Ronald ARCULLI, JP Hon SZETO Wah Hon Jasper TSANG Yok-sing, JP Hon Gary CHENG Kai-nam Hon Howard YOUNG, JP Dr Hon YEUNG Sum Members : Hon NG Leung-sing Attending Hon Bernard CHAN Public Officers : Mr Michael M Y Suen Attending Secretary for Constitutional Affairs Mr Robin IP Deputy Secretary for Constitutional Affairs (2) - 2 - Ms Doris HO Principal Assistant Secretary for Constitutional Affairs (4) By Invitation : Prof Joseph Y S CHENG City University of Hong Kong Mr Denis EDWARDS City University of Hong Kong Mr Anthony M W LAW City University of Hong Kong Dr J T H TANG The University of Hong Kong Dr LO Shiu-hing The University of Hong Kong Clerk in : Mrs Percy MA Attendance Chief Assistant Secretary (2)3 Staff in : Mr Jimmy MA Attendance Legal Adviser Mrs Eleanor CHOW Senior Assistant Secretary (2)7 Action Column I. Development of the HKSAR’s political system (LC Paper No. CB(2) 1155/99-00(01)) Meeting with academics The Chairman said that the purpose of the meeting was to receive views from academics on the development of the HKSAR’s political system. -
Contemporary Chinese Political Economy and Strategic Relations: an International Journal
Contemporary Chinese Political Economy and Strategic Relations: An International Journal Vol. 2, No. 2, August/September 2016 Focus – From Handover to Occupy Campaign: Democracy, Identity and the Umbrella Movement of Hong Kong Contemporary Chinese Political Economy and Strategic Relations: An International Journal (CCPS) Chair Wen-cheng Lin, PhD, Director, Institute of China and AsiaPacific Studies, National Sun Yatsen University CoChair Emile Kok-Kheng Yeoh, PhD, Head, Department of Administrative Studies and Politics, Faculty of Economics and Administration, University of Malaya EditorinChief Emile Kok-Kheng Yeoh, PhD, Department of Administrative Studies and Politics, Faculty of Economics and Administration, University of Malaya INTERNATIONAL EDITORIAL BOARD Olga Yurievna Adams, PhD, Moscow State University, Russia Wendy Beekes, PhD, University of Lancaster, United Kingdom Jonathan Benney, PhD, Monash University, Australia Gerald Chan, PhD, University of Auckland, New Zealand Titus C. Chen, PhD, National Sun Yatsen University, Taiwan John A. Donaldson, PhD, Singapore Management University, Singapore Michael Jakobsen, PhD, Copenhagen Business School, Denmark Kamaruding Abdulsomad, PhD, University of Gothenburg, Sweden Juliette Koning, PhD, Oxford Brookes University, United Kingdom Joanne Hoi-Lee Loh, PhD, University of Nottingham, United Kingdom Mutahir Ahmed, PhD, University of Karachi, Pakistan Can-Seng Ooi, PhD, Copenhagen Business School, Denmark Kwok-Tong Soo, PhD, University of Lancaster, United Kingdom Andreas Susanto, PhD, -
Contemporary Chinese Political Economy and Strategic Relations: an International Journal
Contemporary Chinese Political Economy and Strategic Relations: An International Journal Vol. 1, No. 3, December 2015 Contemporary Chinese Political Economy and Strategic Relations: An International Journal, Vol. 1, No. 3, December 2015 ISSN 2410-9681 Contemporary Chinese Political Economy and Strategic Relations: An International Journal (CCPS) is a triannual academic journal published by the Institute of China and Asia-Pacific Studies, National Sun Yat-sen University, Taiwan, focusing on the Chinese polity, economy and society, and the interrelationship between sociopolitical and socioeconomic factors that influence political, economic and social outcomes in contemporary Mainland China and Taiwan, as well as Hong Kong and Macau, and their politico-economic, strategic relations with other regions and countries. Please visit the CCPS homepage at http://icaps.nsysu.edu.tw/files/11112213594.php?Lang=en Manuscripts for consideration and editorial communication should be sent to: The Editor, Contemporary Chinese Political Economy and Strategic Relations: An International Journal E-mail: [email protected], [email protected] Website Administration and Maintenance: Wu Chien-yi Proofreading: Zhang Yemo, Chang Le Copy-editing and Typesetting: Emile Kok-Kheng Yeoh Publishing: Institute of China and Asia-Pacific Studies, National Sun Yat-sen University, Taiwan Contemporary Chinese Political Economy and Strategic Relations: An International Journal (CCPS) Chair Samuel C.Y. Ku, Director, Institute of China and AsiaPacific Studies, National Sun Yatsen University EditorinChief Emile Kok-Kheng Yeoh, Department of Administrative Studies and Politics, University of Malaya INTERNATIONAL EDITORIAL BOARD Olga Yurievna Adams, Moscow State University Wendy Beekes, University of Lancaster Jonathan Benney, Monash University Gerald Chan, University of Auckland Titus C. -
What Will Happen to Hong Kong After 2047?
Gittings: What Will Happen to Hong Kong after 2047? WHAT WILL HAPPEN TO HONG KONG AFTER 2047? DANNY GITTINGS* I. INTRODUCTION China guaranteed that Hong Kong would be allowed to follow a different system from the rest of the country for fifty years from June 30, 1997, under the policy of "one country, two systems." June 30, 2047, marks the expiration date of this guarantee. As June 30, 2047, approaches, more questions concerning what will happen to Hong Kong are expected to emerge.' Both the Joint Declaration on the Question of Hong Kong (the 1984 bilateral treaty in which Britain and China agreed to the terms of the 1997 handover), and the Basic Law of the Hong Kong Special * Danny Gittings is an Assistant Professor and Senior Programme Director at the College of Humanities and Law of the University of Hong Kong's School of Professional and Continuing Education. The author would like to express his thanks to Professor Richard Cullen, of the University of Hong Kong's Faculty of Law, for providing the initial inspiration for this article, and to Hugh Chiverton, Head of Radio Television Hong Kong's Radio 3, for hosting the radio panel discussion on which this article is partly based. 1. Under Article 1 of the 1982 Constitution of the People's Republic of China, "[tihe socialist system is the basic system of the People's Republic of China." XIANFA art. 1 (1982) (China) [hereinafter CHINA CONSTITUTION]. Hong Kong's two foundational documents, the Joint Declaration on the Question of Hong Kong and Hong Kong's constitution and the Basic Law of the Hong Kong Special Administrative Region, provide that Hong Kong's capitalist system "shall remain unchanged for 50 years" from July 1, 1997. -
National Security Law in Hong Kong: Quo Vadis - a Study of Article 23 of the Basic Law of Hong Kong
UCLA UCLA Pacific Basin Law Journal Title National Security Law in Hong Kong: Quo Vadis - A Study of Article 23 of the Basic Law of Hong Kong Permalink https://escholarship.org/uc/item/4kh840h4 Journal UCLA Pacific Basin Law Journal, 19(2) Authors Fu, H.L. Cullen, Richard Publication Date 2002 DOI 10.5070/P8192022149 Peer reviewed eScholarship.org Powered by the California Digital Library University of California ARTICLES NATIONAL SECURITY LAW IN HONG KONG: QUO VADIS A STUDY OF ARTICLE 23 OF THE BASIC LAW OF HONG KONG H. L. Fu and Richard Cullen* I. INTRODUCTION Since the creation of "British Hong Kong" more than 150 years ago, and especially since the formation of the People's Re- public of China (PRC) in 1949, Hong Kong and the PRC have developed two entirely different legal and political cultures. As the termination of the lease over Hong Kong's New Territories drew closer in the 1980s, a treaty was entered into (known as the Joint Declaration) between the PRC and the United Kingdom. The Joint Declaration set out various grounds for the reunifica- tion of the (British) Territory of Hong Kong with Mainland China.1 This resumption of sovereignty took place on July 1, 1997 when Hong Kong became the Hong Kong Special Adminis- trative Region (HKSAR) of the PRC. Following the signing of the Joint Declaration,the Basic Law2 of the HKSAR was drafted * H. L. Fu is currently an Associate Professor in the Faculty of Law at the University of Hong Kong. Richard Cullen is currently a Visiting Professor at the School of Law at the City University of Hong Kong and is also a Professor in the Department of Business Law and Taxation at Monash University in Victoria, Aus- tralia. -
OFFICIAL RECORD of PROCEEDINGS Thursday, 16
LEGISLATIVE COUNCIL ─ 16 October 2014 285 OFFICIAL RECORD OF PROCEEDINGS Thursday, 16 October 2014 The Council continued to meet at Nine o'clock MEMBERS PRESENT: THE PRESIDENT THE HONOURABLE JASPER TSANG YOK-SING, G.B.S., J.P. THE HONOURABLE ALBERT HO CHUN-YAN THE HONOURABLE LEE CHEUK-YAN THE HONOURABLE JAMES TO KUN-SUN THE HONOURABLE CHAN KAM-LAM, S.B.S., J.P. THE HONOURABLE LEUNG YIU-CHUNG DR THE HONOURABLE LAU WONG-FAT, G.B.M., G.B.S., J.P. THE HONOURABLE EMILY LAU WAI-HING, J.P. THE HONOURABLE TAM YIU-CHUNG, G.B.S., J.P. THE HONOURABLE ABRAHAM SHEK LAI-HIM, G.B.S., J.P. THE HONOURABLE TOMMY CHEUNG YU-YAN, S.B.S., J.P. THE HONOURABLE FREDERICK FUNG KIN-KEE, S.B.S., J.P. THE HONOURABLE VINCENT FANG KANG, S.B.S., J.P. THE HONOURABLE WONG KWOK-HING, B.B.S., M.H. 286 LEGISLATIVE COUNCIL ─ 16 October 2014 PROF THE HONOURABLE JOSEPH LEE KOK-LONG, S.B.S., J.P., Ph.D., R.N. THE HONOURABLE JEFFREY LAM KIN-FUNG, G.B.S., J.P. THE HONOURABLE ANDREW LEUNG KWAN-YUEN, G.B.S., J.P. THE HONOURABLE WONG TING-KWONG, S.B.S., J.P. THE HONOURABLE RONNY TONG KA-WAH, S.C. THE HONOURABLE CYD HO SAU-LAN, J.P. THE HONOURABLE STARRY LEE WAI-KING, J.P. DR THE HONOURABLE LAM TAI-FAI, S.B.S., J.P. THE HONOURABLE CHAN HAK-KAN, J.P. THE HONOURABLE CHAN KIN-POR, B.B.S., J.P. -
Report on the Recent Community and Political Situation in Hong Kong
Report on the Recent Community and Political Situation in Hong Kong January 2015 Content Chapter One: Background 1 Chapter Two: Summary of Important Events Related to 5 Constitutional Development Chapter Three: Relevant Opinion Polls 20 Chapter Four Concluding Remarks 21 Annex I: Decision of the Standing Committee of the National 22 People’s Congress on Issues Relating to the Selection of the Chief Executive of the Hong Kong Special Administrative Region by Universal Suffrage and on the Method for Forming the Legislative Council of the Hong Kong Special Administrative Region in the Year 2016 (Adopted at the Tenth Session of the Standing Committee of the Twelfth National People’s Congress on 31 August 2014) Annex II: Events Related to Constitutional Development 28 During the Report Period Appendix I: Statements Related to Constitutional Development * Made by Various Groups Appendix II: Opinion Polls Related to Constitutional * Development Conducted by Various Organisations * The above appendices have been uploaded to www.2017.gov.hk. Members of the public may visit the website to browse the contents of the appendices. i Chapter One: Background Constitutional Provisions 1.01 Article 45 of the Basic Law provides that: “The method for selecting the Chief Executive shall be specified in the light of the actual situation in the Hong Kong Special Administrative Region and in accordance with the principle of gradual and orderly progress. The ultimate aim is the selection of the Chief Executive by universal suffrage upon nomination by a broadly representative nominating committee in accordance with democratic procedures.” 1.02 Since the establishment of the Hong Kong Special Administrative Region (HKSAR), the political structure of Hong Kong has been developing towards the ultimate aim of universal suffrage in a gradual and orderly manner in accordance with the Basic Law. -
Negotiating Autonomy in Greater China
YEP Explores the dynamics of central–local interaction in modern China N Local autonomy is a complex and often contentious issue in E many countries, not least because the situation often involves GOTIATI a process of continuous (re)negotiation. Moreover, the actual NEGOTIATING power relationship is defined not only by legal permissibility but also by such other factors as varying political perceptions, AUTONOMY IN economic interests and previous encounters between the centre and periphery. This volume demonstrates that Hong Kong is a good illustration of the intricacies of the dynamic relationship N GREATER CHINA in a Chinese context. The territory has a long history of G pursuing its own path, both in colonial times and since 1997. A Hong Kong and its Sovereign With essays spanning both periods, the volume offers an UTO understanding of the mind-set and actions of both Beijing and Before and After 1997 Hong Kong in pursuing their goals. N In addition, by taking in the wider provincial situation in China and following developments since the establishment OM of the People’s Republic of China in 1949, the volume also Edited by Ray Yep provides a nuanced framework for evaluating central–local interaction in general. Y I Ray Yep is a Professor of Politics and Assistant Head of the N Department of Public and Social Administration, City University G of Hong Kong. R E AT E R CHI Governance in Asia series N A www.niaspress.dk Yep-cover.indd 1 10/06/2013 12:09 NEGOTIATING AUTONOMY IN GREATER CHINA Governance in Asia Series Editor: Tak-Wing Ngo, Professor of Political Science, University of Macau ([email protected]) Most Asian countries have experienced radical social transformation in the past decades.