立法會 Legislative Council
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Reviewing and Evaluating the Direct Elections to the Legislative Council and the Transformation of Political Parties in Hong Kong, 1991-2016
Journal of US-China Public Administration, August 2016, Vol. 13, No. 8, 499-517 doi: 10.17265/1548-6591/2016.08.001 D DAVID PUBLISHING Reviewing and Evaluating the Direct Elections to the Legislative Council and the Transformation of Political Parties in Hong Kong, 1991-2016 Chung Fun Steven Hung The Education University of Hong Kong, Hong Kong After direct elections were instituted in Hong Kong, politicization inevitably followed democratization. This paper intends to evaluate how political parties’ politics happened in Hong Kong’s recent history. The research was conducted through historical comparative analysis, with the context of Hong Kong during the sovereignty transition and the interim period of democratization being crucial. For the implementation of “one country, two systems”, political democratization was hindered and distinct political scenarios of Hong Kong’s transformation were made. The democratic forces had no alternative but to seek more radicalized politics, which caused a decisive fragmentation of the local political parties where the establishment camp was inevitable and the democratic blocs were split into many more small groups individually. It is harmful. It is not conducive to unity and for the common interests of the publics. This paper explores and evaluates the political history of Hong Kong and the ways in which the limited democratization hinders the progress of Hong Kong’s transformation. Keywords: election politics, historical comparative, ruling, democratization The democratizing element of the Hong Kong political system was bounded within the Legislative Council under the principle of the separation of powers of the three governing branches, Executive, Legislative, and Judicial. Popular elections for the Hong Kong legislature were introduced and implemented for 25 years (1991-2016) and there were eight terms of general elections for the Legislative Council. -
I Am Sorry. Would Members Please Deal with One Piece of Business. It Is Now Eight O’Clock and Under Standing Order 8(2) This Council Should Now Adjourn
4920 HONG KONG LEGISLATIVE COUNCIL ― 29 June 1994 8.00 pm PRESIDENT: I am sorry. Would Members please deal with one piece of business. It is now eight o’clock and under Standing Order 8(2) this Council should now adjourn. ATTORNEY GENERAL: Mr President, with your consent, I move that Standing Order 8(2) should be suspended so as to allow the Council’s business this evening to be concluded. Question proposed, put and agreed to. Council went into Committee. CHAIRMAN: Council is now in Committee and is suspended until 15 minutes to nine o’clock. 8.56 pm CHAIRMAN: Committee will now resume. MR MARTIN LEE (in Cantonese): Mr Chairman, thank you for adjourning the debate on my motion so that Members could have a supper break. I hope I can secure a greater chance of success if they listen to my speech after dining. Mr Chairman, on behalf of the United Democrats of Hong Kong (UDHK), I move the amendments to clause 22 except item 12 of schedule 2. The amendments have already been set out under my name in the paper circulated to Members. Mr Chairman, before I make my speech, I would like to raise a point concerning Mr Jimmy McGREGOR because he was quite upset when he heard my previous speech. He hoped that I could clarify one point. In fact, I did not mean that all the people in the commercial sector had not supported democracy. If all the voters in the commercial sector had not supported democracy, Mr Jimmy McGREGOR would not have been returned in the 1988 and 1991 elections. -
Hong Kong's Endgame and the Rule of Law (Ii): the Battle Over "The People" and the Business Community in the Transition to Chinese Rule
HONG KONG'S ENDGAME AND THE RULE OF LAW (II): THE BATTLE OVER "THE PEOPLE" AND THE BUSINESS COMMUNITY IN THE TRANSITION TO CHINESE RULE JACQUES DELISLE* & KEVIN P. LANE- 1. INTRODUCTION Transitional Hong Kong's endgame formally came to a close with the territory's reversion to Chinese rule on July 1, 1997. How- ever, a legal and institutional order and a "rule of law" for Chi- nese-ruled Hong Kong remain works in progress. They will surely bear the mark of the conflicts that dominated the final years pre- ceding Hong Kong's legal transition from British colony to Chinese Special Administrative Region ("S.A.R."). Those endgame conflicts reflected a struggle among adherents to rival conceptions of a rule of law and a set of laws and institutions that would be adequate and acceptable for Hong Kong. They unfolded in large part through battles over the attitudes and allegiance of "the Hong Kong people" and Hong Kong's business community. Hong Kong's Endgame and the Rule of Law (I): The Struggle over Institutions and Values in the Transition to Chinese Rule ("Endgame I") focused on the first aspect of this story. It examined the political struggle among members of two coherent, but not monolithic, camps, each bound together by a distinct vision of law and sover- t Special Series Reprint: Originally printed in 18 U. Pa. J. Int'l Econ. L. 811 (1997). Assistant Professor, University of Pennsylvania Law School. This Article is the second part of a two-part series. The first part appeared as Hong Kong's End- game and the Rule of Law (I): The Struggle over Institutions and Values in the Transition to Chinese Rule, 18 U. -
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, 21
LEGISLATIVE COUNCIL ─ 21 December 2000 2261 OFFICIAL RECORD OF PROCEEDINGS Thursday, 21 December 2000 The Council met at Nine o'clock MEMBERS PRESENT: THE PRESIDENT THE HONOURABLE MRS RITA FAN HSU LAI-TAI, G.B.S., J.P. THE HONOURABLE KENNETH TING WOO-SHOU, J.P. THE HONOURABLE JAMES TIEN PEI-CHUN, J.P. THE HONOURABLE DAVID CHU YU-LIN THE HONOURABLE CYD HO SAU-LAN THE HONOURABLE ALBERT HO CHUN-YAN IR DR THE HONOURABLE RAYMOND HO CHUNG-TAI, J.P. THE HONOURABLE LEE CHEUK-YAN THE HONOURABLE MARTIN LEE CHU-MING, S.C., J.P. THE HONOURABLE ERIC LI KA-CHEUNG, J.P. DR THE HONOURABLE DAVID LI KWOK-PO, J.P. THE HONOURABLE FRED LI WAH-MING, J.P. DR THE HONOURABLE LUI MING-WAH, J.P. 2262 LEGISLATIVE COUNCIL ─ 21 December 2000 THE HONOURABLE NG LEUNG-SING PROF THE HONOURABLE NG CHING-FAI THE HONOURABLE MARGARET NG THE HONOURABLE MRS SELINA CHOW LIANG SHUK-YEE, J.P. THE HONOURABLE JAMES TO KUN-SUN THE HONOURABLE CHEUNG MAN-KWONG THE HONOURABLE HUI CHEUNG-CHING THE HONOURABLE CHAN KWOK-KEUNG THE HONOURABLE CHAN YUEN-HAN THE HONOURABLE BERNARD CHAN THE HONOURABLE CHAN KAM-LAM THE HONOURABLE MRS SOPHIE LEUNG LAU YAU-FUN, S.B.S., J.P. THE HONOURABLE LEUNG YIU-CHUNG THE HONOURABLE SIN CHUNG-KAI THE HONOURABLE ANDREW WONG WANG-FAT, J.P. DR THE HONOURABLE PHILIP WONG YU-HONG THE HONOURABLE WONG YUNG-KAN THE HONOURABLE JASPER TSANG YOK-SING, J.P. THE HONOURABLE HOWARD YOUNG, J.P. DR THE HONOURABLE YEUNG SUM LEGISLATIVE COUNCIL ─ 21 December 2000 2263 THE HONOURABLE YEUNG YIU-CHUNG THE HONOURABLE LAU KONG-WAH THE HONOURABLE LAU WONG-FAT, G.B.S., J.P. -
HONG KONG: the PERILS of SEMIDEMOCRACY William H
Overholt.new created saved from e-mail by JB on 7/2/01. (6682 words.) PRE created from NEW by SL on 7/ 18. TXT created from NEW w/ PJC edits on 8/1/01(5644 w/notes); JB edits to TXT entered 8/7, PJC (5683 wds. w/notes). PRE revised with TXT by SL on 8/7. MP changes to TXT by PJC on 8/9/01(5750 words w/ notes); Aas to TXT 8/16, PJC (6149 wds w/notes). PRE revised with TXT by SL on 8/24. PGS created from PRE by SL on 8/24. HONG KONG: THE PERILS OF SEMIDEMOCRACY William H. Overholt William H. Overholt is head of Asia strategy and economics for Nomura International, a Japan-based securities firm with offices in Hong Kong and around the world. He holds a doctorate in political science from Yale University and is the author of five books, including most recently The Rise of China: How Economic Reform Is Creating a New Superpower (1994). At the time of Hong Kong’s 1997 transition from British to Chinese rule, the world saw the city as a laissez-faire enclave that took care of itself, while an able but mostly hands-off civil service did minor maintenance. A successful transition would mean little more than a changing of the guard, with local functionaries replacing colonial functionaries. There was, in this widely held view, no need for any larger reform of the economy or polity. Beijing and London, together with the local business establishment, planned a government that they all hoped would combine representative deliberativeness with authoritarian decisiveness. -
Chapter 2: the Framework for Change
CHAPTER TWO THE FRAMEWORK FOR CHANGE The Sino-British Joint Declaration on the Question of Hong Kong 1984 2.1 In 1982, Britain initiated negotiations with the People's Republic of China on the status of Hong Kong. Despite the fact that the nineteenth century treaties1 were not recognised by China, Britain's adherence to them and to the legal framework they provided necessitated some settlement which would accommodate the shortening leases in the New Territories. Those leases were due to expire in 1997. What began as a limited exercise in seeking an administrative extension to the lease in the New Territories2 quickly developed into a consideration of the whole territory and the redressing of China's humiliations in the nineteenth century. 2.2 For Britain, the 'permanent territories' of Hong Kong island and the tip of the Kowloon Peninsula were not viable without the New Territories which contained the basic necessity of agriculture, the bulk of the industry, the power supply and the airport of Hong Kong. The negotiations lasted two years. The agreement was initialled by Britain and China on 26 September 1984, endorsed by the Legislative Council3 of Hong Kong on 18 October 1984, subsequently debated and approved by the British Parliament, and signed by Britain and China on 19 December 1984. It entered into force on 25 May 1985. On 12 June 1985 it was lodged with the United Nations as a treaty. 2.3 In China, 1982-84 was a period of reformist opening, relatively expansive in its embracing of the West. Deng Xiaoping himself took a special interest in the negotiations over Hong Kong and defined the principle of 'one country, two systems' as a way of allaying British and Hong Kong concerns about the transfer and of preserving the economic prosperity of Hong Kong which he recognised as being so valuable to China's development. -
ASIA WATCH OVERVIEW Human Rights Developments While China
ASIA WATCH OVERVIEW Human Rights Developments While China, Burma and Kashmir exemplified the continuing human rights problems in Asia, the major development in the region was not so much the nature of the abuses but the debate over how to address them. Two factors had a major impact on this debate: the increased visibility of Asian nongovernmental organizations or NGOs and the growing economic power of East Asia. Asian NGOs were able to articulate a vision of human rights that differed radically from that of their own governments and thus called into question the ability of the latter to define what is "Asian." They were more successful than their governments in blurring the traditional sub-regional distinctions of South Asia, Southeast Asia and Northeast Asia. And they helped redefine priorities for the human rights movement in a way that rendered obsolete the old division of labor among human rights, development, women's rights and environmental organizations. These efforts culminated in the issuing of the "Bangkok NGO Declaration on Human Rights" of March 27. Over one hundred NGOs from across Asia and the Pacific gathered in Bangkok on March 23 to coordinate their position for the World Conference on Human Rights, just as Asian governments convened a few days later, also in Bangkok, for the regional preparatory meeting of the World Conference on Human Rights. It was clear from a series of statements they made during 1992 that China, Indonesia, Singapore and Malaysia, at the very least, were determined to promote an "Asian concept of human rights" which downplayed political and civil rights, highlighted the importance of economic development, stressed the need to take cultural, historical and religious factors into account when assessing human rights, and rejected aid conditionality and other forms of "interference in domestic affairs." It was this concept that the Asian NGOs set out to rebut in Bangkok. -
The Significance of Sovereignty and China's "One Country, Two Systems"
Bard College Bard Digital Commons Senior Projects Spring 2020 Bard Undergraduate Senior Projects Spring 2020 Why Can't We Be Friends: The Significance of Sovereignty and China's "One Country, Two Systems" Harrison R. Malinowski Bard College, [email protected] Follow this and additional works at: https://digitalcommons.bard.edu/senproj_s2020 Part of the International Relations Commons, Models and Methods Commons, and the Other Political Science Commons This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License. Recommended Citation Malinowski, Harrison R., "Why Can't We Be Friends: The Significance of Sovereignty and China's "One Country, Two Systems"" (2020). Senior Projects Spring 2020. 234. https://digitalcommons.bard.edu/senproj_s2020/234 This Open Access work is protected by copyright and/or related rights. It has been provided to you by Bard College's Stevenson Library with permission from the rights-holder(s). You are free to use this work in any way that is permitted by the copyright and related rights. For other uses you need to obtain permission from the rights- holder(s) directly, unless additional rights are indicated by a Creative Commons license in the record and/or on the work itself. For more information, please contact [email protected]. Why Can’t We Be Friends: The Significance of Sovereignty and China’s “One Country, Two Systems” Senior Project Submitted to The Division of Social Studies of Bard College by Harry Malinowski Annandale-on-Hudson, New York May 2020 Acknowledgements First, I would like to thank my advisor, Rob Culp, who has been assisting my research and writing for almost a year. -
THE DECLINE of the DEMOCRATIC PARTY in HONG KONG the Second Legislative Election in the HKSAR
THE DECLINE OF THE DEMOCRATIC PARTY IN HONG KONG The Second Legislative Election in the HKSAR Ma Ngok In September 2000, the Hong Kong Special Administra- tive Region (HKSAR) held its second election for the Legislative Council (Legco). As the results came in, the relative decline that pro-democracy forces experienced was the most striking outcome. The Democratic Party (DP), led by prominent politician Martin Lee, suffered a particularly notice- able loss. The DP received 462,423 votes, 170,000 fewer than it had earned in 1998 or an 8% drop in its overall share. The election also showed that forces that support the People’s Republic of China (PRC) have solid organi- zational support and strong mobilization potential. The pro-China flagship party, the Democratic Alliance for the Betterment of Hong Kong (DAB), increased its overall share of the vote by 4.5% despite a major scandal in- volving the party’s vice-chairman Gary Cheng. The difference in the share of the vote received by the DP and the DAB shrank drastically from 18% in 1998 to 5% in 2000. The results of the 2000 election are symbolic of the situation facing Hong Kong’s democracy movement. It is becoming increasingly fragmented and powerless. The election also demonstrated that the pro-PRC DAB is emerg- ing as a major force on the Hong Kong political scene. This emergence in turn may make China more willing to agree to a further, gradual democratiza- tion of Hong Kong. This article delineates the changes that have taken place since 1997 that have led to the DP’s decline. -
Minutes Have Been Seen by the Administration)
立法會 Legislative Council LC Paper No. CB(2)2603/03-04 (These minutes have been seen by the Administration) Ref : CB2/BC/4/02 Bills Committee on Education (Amendment) Bill 2002 Minutes of meeting held on Wednesday, 28 April 2004 from 8:30 am to 12:35 pm in Conference Room A of the Legislative Council Building Members : Hon Cyd HO Sau-lan (Chairman) present Ir Dr Hon Raymond HO Chung-tai, JP Hon LEE Cheuk-yan Hon CHEUNG Man-kwong Hon LEUNG Yiu-chung Hon Emily LAU Wai-hing, JP Hon SZETO Wah Hon Tommy CHEUNG Yu-yan, JP Hon Audrey EU Yuet-mee, SC, JP Member : Hon YEUNG Yiu-chung, BBS absent Public Officers : Mr M Y CHENG, JP attending Deputy Secretary for Education and Manpower (3) Mr Andrew POON Principal Assistant Secretary for Education and Manpower (Quality Assurance) Mrs YU LAW Siu-man Senior Education Officer (School Registration and Compliance) Education and Manpower Bureau - 2 - Mr Gilbert MO Deputy Law Draftsman (Bilingual Drafting and Administration) Department of Justice Mr W L CHEUNG Senior Government Counsel Department of Justice Clerk in : Ms Doris CHAN attendance Chief Council Secretary (2)2 Staff in : Ms Bernice WONG attendance Assistant Legal Adviser 1 Mr Stanley MA Senior Council Secretary (2)6 I. Meeting with the Administration [LC Paper Nos. CB(2)2166/03-04(01) and CB(2)2166/03-04(02)] 1 The Bills Committee deliberated (Index of proceedings at Annex). II. Clause-by-clause examination of the Bill [LC Paper No. CB(2)1964/03-04(01)] 2. The Bills Committee deliberated on Clause 17 of the Bill (proposed sections 40AF to 40AQ under Part III of the Education Ordinance - Index of proceedings at Annex). -
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.