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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. -
Curriculum Vitae ……………….…………… 2 - List of Publications…………………………… 10 - List of University Courses Taught…………… 30 - List of Guest Lectures………………………
Prof. Dr. Peter Malanczuk page - Curriculum Vitae ……………….…………… 2 - List of Publications…………………………… 10 - List of University Courses Taught…………… 30 - List of Guest Lectures………………………... 36 - List of Contributions to Conferences…………. 50 20120410 Malanczuk Full CV (compiled) Page 1 of 73 Prof. Dr. iur Peter Malanczuk Peking University School of Transnational Law Email: [email protected] PKU Shenzhen Campus HomePage: www.malanczuk.com Graduate School Building B University Town Nanshan District, Xili Shenzhen, 518055 P.R. China Current positions: C.V. Starr Professor of Law, Peking University (PKU) School of Transnational Law [First American-style J.D. programme approved by the State Council in China] located at the PKU Shenzhen Campus Co-Director, Center for Research on Transnational Law (CTL), PKU STL Member of the Academic Advisory Council of the University of Heidelberg, Germany Courses currently taught: Transnational Law Advanced Transnational Law International Economic Law International Commercial Arbitration and ADR International Investment Law and Investor-State Dispute Settlement Curriculum Vitae 1948 Born in Salzgitter-Bad, Germany 1950 Emigration to Canada (Canadian nationality 1958-71) 1959 Return to Germany (German nationality since 1971) Since 2008 Permanent Resident of Hong Kong (SAR), P.R. China Education: 1955-59 Primary school, Sudbury & Toronto, Ontario, Canada 1960-68 Gymnasium Salzgitter-Bad, Germany (Abitur) 1968-73 Studies at the Universities of Göttingen, München and Heidelberg (Certificate: First State Law Examination -
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, 22
LEGISLATIVE COUNCIL ― 22 November 2018 3053 OFFICIAL RECORD OF PROCEEDINGS Thursday, 22 November 2018 The Council continued to meet at Nine o'clock MEMBERS PRESENT: THE PRESIDENT THE HONOURABLE ANDREW LEUNG KWAN-YUEN, G.B.S., J.P. THE HONOURABLE JAMES TO KUN-SUN THE HONOURABLE LEUNG YIU-CHUNG THE HONOURABLE ABRAHAM SHEK LAI-HIM, G.B.S., J.P. THE HONOURABLE TOMMY CHEUNG YU-YAN, G.B.S., J.P. PROF THE HONOURABLE JOSEPH LEE KOK-LONG, S.B.S., J.P. THE HONOURABLE JEFFREY LAM KIN-FUNG, G.B.S., J.P. THE HONOURABLE WONG TING-KWONG, G.B.S., J.P. THE HONOURABLE STARRY LEE WAI-KING, S.B.S., J.P. THE HONOURABLE CHAN HAK-KAN, B.B.S., J.P. THE HONOURABLE CHAN KIN-POR, G.B.S., J.P. DR THE HONOURABLE PRISCILLA LEUNG MEI-FUN, S.B.S., J.P. THE HONOURABLE WONG KWOK-KIN, S.B.S., J.P. 3054 LEGISLATIVE COUNCIL ― 22 November 2018 THE HONOURABLE MRS REGINA IP LAU SUK-YEE, G.B.S., J.P. THE HONOURABLE PAUL TSE WAI-CHUN, J.P. THE HONOURABLE CLAUDIA MO THE HONOURABLE MICHAEL TIEN PUK-SUN, B.B.S., J.P. THE HONOURABLE STEVEN HO CHUN-YIN, B.B.S. THE HONOURABLE FRANKIE YICK CHI-MING, S.B.S., J.P. THE HONOURABLE WU CHI-WAI, M.H. THE HONOURABLE YIU SI-WING, B.B.S. THE HONOURABLE MA FUNG-KWOK, S.B.S., J.P. THE HONOURABLE CHARLES PETER MOK, J.P. THE HONOURABLE CHAN CHI-CHUEN THE HONOURABLE LEUNG CHE-CHEUNG, S.B.S., M.H., J.P. -
OFFICIAL RECORD of PROCEEDINGS Thursday, 18
LEGISLATIVE COUNCIL ─ 18 November 2010 2357 OFFICIAL RECORD OF PROCEEDINGS Thursday, 18 November 2010 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 IR DR THE HONOURABLE RAYMOND HO CHUNG-TAI, S.B.S., S.B.ST.J., J.P. THE HONOURABLE LEE CHEUK-YAN THE HONOURABLE FRED LI WAH-MING, S.B.S., J.P. DR THE HONOURABLE MARGARET NG THE HONOURABLE JAMES TO KUN-SUN THE HONOURABLE CHEUNG MAN-KWONG THE HONOURABLE CHAN KAM-LAM, S.B.S., J.P. THE HONOURABLE MRS SOPHIE LEUNG LAU YAU-FUN, G.B.S., J.P. THE HONOURABLE LEUNG YIU-CHUNG DR THE HONOURABLE PHILIP WONG YU-HONG, G.B.S. THE HONOURABLE LAU KONG-WAH, J.P. THE HONOURABLE MIRIAM LAU KIN-YEE, G.B.S., J.P. 2358 LEGISLATIVE COUNCIL ─ 18 November 2010 THE HONOURABLE ANDREW CHENG KAR-FOO THE HONOURABLE TIMOTHY FOK TSUN-TING, G.B.S., J.P. THE HONOURABLE TAM YIU-CHUNG, G.B.S., J.P. THE HONOURABLE ABRAHAM SHEK LAI-HIM, S.B.S., J.P. THE HONOURABLE LI FUNG-YING, S.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 AUDREY EU YUET-MEE, S.C., J.P. THE HONOURABLE VINCENT FANG KANG, S.B.S., J.P. THE HONOURABLE WONG KWOK-HING, M.H. THE HONOURABLE LEE WING-TAT DR THE HONOURABLE JOSEPH LEE KOK-LONG, S.B.S., J.P. -
Analyzing China's Rejection of the South China Sea Arbitration
CHINA CAN SAY “NO”: ANALYZING CHINA’S REJECTION OF THE SOUTH CHINA SEA ARBITRATION Toward A New Era of International Law with Chinese Characteristics Isaac B. Kardon* At least since the 2008 global financial crisis, the People’s Republic of China (“PRC”) has been feeling its oats on the world stage. After decades of “reform and opening” to ever-deeper integration into global affairs, China is now shaping the international system as much as that system is shaping China. The “engagement” thesis— variations on the idea that China’s sustained participation in interlocking Western-dominated institutions will produce a more liberal, compliant, and cooperative China (Economy and Oksenberg 1999, Kent 2007, Johnston 2008)—is all but historical artifact. Now equipped with ample experience and outsized capacity, China can give as well as they get on the global stage. Operating at impressive scale in economic, security, and diplomatic arenas, Chinese actors and organizations are now major players who drive the agenda. Deng Xiaoping’s dictum to never seek leadership (绝不 当头) is no longer operative as the Chinese Communist Party (CCP) publicly touts China’s role as a global leader with major ambitions.1 PRC diplomats are no longer so reticent and have announced *Isaac B. Kardon, Ph.D. (孔适海博士) is Assistant Professor at U.S. Naval War College, China Maritime Studies Institute. 1 See Xi Jinping, Full text of Xi Jinping’s report at the 19th CCP National Congress, XINHUA (Nov. 4, 2017, 06:07 PM ), http://www.chinadaily.com.cn/china/19thcpcnationalcongress/2017- 11/04/content_34115212.htm [https://perma.cc/H233-DKF3] (stating that all traditional Chinese communist thought must be altered to the new era of China). -
Quality Control in International Fact-Finding Outside Criminal Justice for Core International Crimes
130522 Quality Control in International Fact-Finding Outside Criminal Justice for Core International Crimes The 2013 LI Haopei Lecture and Seminar A seminar organized by the Forum for International Criminal and Humanitarian Law, the European University Institute, and Peking University International Law Institute, on 20 May 2013, 09:00-18:00, at The Refectory, Badia Fiesolana, European University Institute, Florence. There are academic efforts under way to map, and analyse best practices of, the plethora of in- ternational fact-finding1 commissions and other mandates2 to look into allegations of serious violations of international criminal, humanitarian or human rights law. There have been signifi- cant developments in international practice in this area since the Commission of Experts for the former Yugoslavia established pursuant to United Nations Security Council resolution 780 (1992), an institution which served as a catalyst for later developments. The FICHL supports these academic efforts, and it seeks, together with the European University Institute and Peking University International Law Institute, to supplement them by focusing the 2013 LI Haopei Seminar on the specific topic of ‘Quality Control in International Fact-Finding Outside Criminal Justice for Core International Crimes’.3 To serve the interests of professionalization, how can the quality of international fact- finding, -analysis and -reporting be improved? How should the significant developments in fact- work in international criminal jurisdictions since the mid-1990s -
China's Approach to Human Rights and the UN Human Rights Agenda
This is a repository copy of China’s Approach to Human Rights and the UN Human Rights Agenda. White Rose Research Online URL for this paper: http://eprints.whiterose.ac.uk/96001/ Version: Accepted Version Article: Subedi, SP (2015) China’s Approach to Human Rights and the UN Human Rights Agenda. Chinese Journal of International Law, 14 (3). pp. 437-464. ISSN 1540-1650 https://doi.org/10.1093/chinesejil/jmv037 Reuse Unless indicated otherwise, fulltext items are protected by copyright with all rights reserved. The copyright exception in section 29 of the Copyright, Designs and Patents Act 1988 allows the making of a single copy solely for the purpose of non-commercial research or private study within the limits of fair dealing. The publisher or other rights-holder may allow further reproduction and re-use of this version - refer to the White Rose Research Online record for this item. Where records identify the publisher as the copyright holder, users can verify any specific terms of use on the publisher’s website. Takedown If you consider content in White Rose Research Online to be in breach of UK law, please notify us by emailing [email protected] including the URL of the record and the reason for the withdrawal request. [email protected] https://eprints.whiterose.ac.uk/ China’s Approach to Human Rights and the UN Human Rights Agenda Surya P. Subedi* Abstract There is an apprehension in the democratic world about the possible impact of the economic rise of China on the UN human rights agenda. -
The Discipline of International Law in Republican China and Contemporary Taiwan
Washington University Global Studies Law Review Volume 14 Issue 1 2015 The Discipline of International Law in Republican China and Contemporary Taiwan Pasha L. Hsieh Singapore Management University School of Law Follow this and additional works at: https://openscholarship.wustl.edu/law_globalstudies Part of the Comparative and Foreign Law Commons, Courts Commons, International Law Commons, Jurisprudence Commons, and the Law and Politics Commons Recommended Citation Pasha L. Hsieh, The Discipline of International Law in Republican China and Contemporary Taiwan, 14 WASH. U. GLOBAL STUD. L. REV. 87 (2015), https://openscholarship.wustl.edu/law_globalstudies/vol14/iss1/7 This Article is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Global Studies Law Review by an authorized administrator of Washington University Open Scholarship. For more information, please contact [email protected]. THE DISCIPLINE OF INTERNATIONAL LAW IN REPUBLICAN CHINA AND CONTEMPORARY TAIWAN PASHA L. HSIEH ABSTRACT This Article examines the evolution of international law as a professional and intellectual discipline in the Republic of China (ROC), which has governed Mainland China (1912–1949) and post-1949 Taiwan. The ROC’s centennial development fundamentally shaped modern China’s course of foreign relations and postwar global governance. The Article argues that statism, pragmatism, and idealism define the major features of the ROC’s approach to international law. These characteristics transformed the law of nations into universally valid normative claims and prompted modern China’s intellectual focus on the civilized nation concept. First, the Article analyzes the professionalization of the discipline of international law. -
A Tribute to Professor Wang Tieya
A Tribute to Professor Wang Tieya Sienho Yee Professor Wang Tieya and I were several generations apart. Yet we had something in common. We were co-editors for two projects: a book in honor of Li Haopei,1 a dear friend of his and a kind supervisor of mine, and the Chinese Journal of International Law. To some extent we were both rebels. We both had done things that might be perceived to go against common wisdom. Despite the fact that he had been such an eminent scholar when I, a fun-loving undergraduate at Peking University, was introduced to him, Professor Wang displayed no air of importance or stature that normally one might see in a person on Olympic heights. Soon we developed a friendship that in Chinese would be called “Wangnianzhijiao”, friendship defying the gap of age. We shared stories. We exchanged arguments. He critiqued my works. He appreciated a good argument when he saw one. He criticized a questionable one when he found it. He gave credit where it was due. I benefited greatly from his wisdom. Then in 1998, it was suggested that Professor Wang and I co-edit the memorial collection for Li Haopei. Professor Wang immediately accepted the task, despite the fact that I was still a very young man then, although older than I was when I was introduced to him.2 That project was completed in 2000 and the book was published in 2001. In the course of editing that book, some of the disputes between some authors and me were put to him for final decision. -
Minutes Have Been Seen by the Administration) Ref : FC/1/1(1)
立法會 Legislative Council LC Paper No. FC254/14-15 (These minutes have been seen by the Administration) Ref : FC/1/1(1) Finance Committee of the Legislative Council Minutes of the special meeting held at Conference Room 1 of the Legislative Council Complex on Monday, 16 March 2015, at 8:30 am Members present: Hon Tommy CHEUNG Yu-yan, SBS, JP (Chairman) Hon CHAN Kin-por, BBS, JP (Deputy Chairman) Hon Albert HO Chun-yan Hon LEE Cheuk-yan Hon James TO Kun-sun Hon LEUNG Yiu-chung Hon Emily LAU Wai-hing, JP Hon TAM Yiu-chung, GBS, JP Hon Abraham SHEK Lai-him, GBS, JP Hon Vincent FANG Kang, SBS, JP Hon WONG Kwok-hing, BBS, MH Prof Hon Joseph LEE Kok-long, SBS, JP, PhD, RN Hon Jeffrey LAM Kin-fung, GBS, JP Hon Andrew LEUNG Kwan-yuen, GBS, JP Hon WONG Ting-kwong, SBS, JP Hon Ronny TONG Ka-wah, SC Hon Starry LEE Wai-king, JP Dr Hon LAM Tai-fai, SBS, JP Dr Hon Priscilla LEUNG Mei-fun, SBS, JP Hon CHEUNG Kwok-che Hon WONG Kwok-kin, SBS Hon IP Kwok-him, GBS, JP Hon Mrs Regina IP LAU Suk-yee, GBS, JP Hon Paul TSE Wai-chun, JP - 2 - Hon Alan LEONG Kah-kit, SC Hon Albert CHAN Wai-yip Hon WONG Yuk-man Hon Claudia MO Hon James TIEN Pei-chun, GBS, JP Hon NG Leung-sing, SBS, JP Hon Steven HO Chun-yin Hon Frankie YICK Chi-ming Hon WU Chi-wai, MH Hon YIU Si-wing Hon Gary FAN Kwok-wai Hon MA Fung-kwok, SBS, JP Hon Charles Peter MOK, JP Hon CHAN Chi-chuen Hon CHAN Han-pan, JP Dr Hon Kenneth CHAN Ka-lok Hon CHAN Yuen-han, SBS, JP Hon LEUNG Che-cheung, BBS, MH, JP Hon Kenneth LEUNG Dr Hon KWOK Ka-ki Hon KWOK Wai-keung Hon Dennis KWOK Hon Christopher CHEUNG Wah-fung, -
Is It Possible to Prevent Or Punish Future Aggressive War-Making?
Is it Possible to Prevent or Punish Future Aggressive War‐making? Address by Judge Dr. jur. h. c. Hans‐Peter Kaul Second Vice‐President of the International Criminal Court At the Li Haopei Lecture Series “Implications of the Criminalization of Aggression” 8 February 2011 Forum for International Criminal and Humanitarian Law Oslo, Norway Check against delivery – embargoed until 8 February 2011, at 14h00. Let me begin with a question, a question of some importance. Is it the natural right, the inherent right of States to make war? Is war-making a national right? When we look at the reality of today’s world, it seems quite obvious that certain States, powerful States, continue to reserve for them, openly or more discreetly, also as some kind of hidden agenda, the option to go to war for their interests. The question, however, is crucial: Is it the natural, the inherent right of States or governments to use military force against other States when they believe it is in their interest? This is the fundamental question which is at the centre of today’s lecture. As some may know, on 11 June 2010, something surprising, something unexpected happened: against all odds, against most expectations, the Review Conference of the International Criminal Court (ICC) held in Kampala, Uganda adopted a full and complete package proposal on the crime of aggression. The amendments to the Rome Statute contain a definition of the crime of aggression and set out the conditions under which the Court will have, from 2017 onwards, jurisdiction with regard to this crime.