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WRITINGS ON GREATER CHINA:

HONG KONG / PRC / TAIWAN

by

ROBERT J. MORRIS 司徒毅 JD, PhD

Background

The Greater China area (Hong Kong, the People’s Republic of China, and Taiwan) is a fascinating place for the study of comparative law—particularly constitutional law. This was the subject of my PhD thesis at the University of Hong Kong in 2007. Several of the articles listed here grew out of my thesis chapters. Several others on different subjects focus on strictly local rather than comparative issues. There is also one short story.

My primary concern as I have lived in these three parts of the world has been with the law surrounding the “freedom of expression”—speech, press, assembly, thought, demonstration, dissent, and the like. These freedoms are under threat everywhere in the world—everywhere—but especially in the oppressive regimes and dictatorships that still dot the globe.

My hero is Dr. Sun Yat-sen (孫中山醫師), the great Chinese patriot, scholar, revolutionary, and democrat. He is the “patron saint” and most famous graduate of my alma mater, The University of Hong Kong.[1] His book, The Three Principles of the People 《三民主义》, is a world classic on democratic theory. He is honored in name everywhere, but, sadly, in practice only in Taiwan.

I encourage research in original Chinese-language materials (as indeed in the original language of any primary source). My debt to the language is apparent in all of these materials.[2] As the wisdom says: 原汁原味, the original taste of the original gravy, a statement about good cooking that also means that using the original sources—the “genuine article”—is essential.

Publications

1966 sub nom. Van Therald, “On Either Side,” 8(2) Voice of the Saints / 《聖徒之聲》 35-38; in Chinese and English; full English transcript (without photos) available online at www.mandarintools.com/cbom/oneitherside.html

1968 “A Novitiate for Hu Chan,” Wye Literary Magazine, Fall Issue, p. 4 (short story).

1969 “A Patronym for Hu Chan,” Impovement Era, September Issue, pp. 27-30 (short story).

1969 “Middle Buddha,” 4(1) Dialogue: A Journal of Mormon Thought 43; full text available online at https://dialoguejournal.com/wp-content/uploads/sbi/articles/Dialogue_V04N01_43.pdf

1970 “Some Problems of Translating Mormon Thought into Chinese,” 10(2) BYU Studies 173; full text available online at https://ojs.lib.byu.edu/spc/index.php/BYUStudies/article/view/4439/4089

1972 “A Critical and Synoptic Approach to Hsiao Ching [孝經] as Literature,” Master’s Thesis, Brigham Young University http://catalog.lib.byu.edu/uhtbin/cgisirsi/sev14GX5Lj/LEE/40830076/9

2001  Book review essay, 8(2) China Review International 396, reviewing Berry F. C. Hsu, Laws of Banking and Finance in the Hong Kong SAR.

2002 “Letter from Shenzhen,” Honolulu Weekly, May 15-21, p. 5

2002 Book review essay, 32(1) Hong Kong Law Journal 224, reviewing Perry Keller (ed), Chinese Law and Legal Theory.

2004 “Constitutioning Hong Kong: ‘One Country, Two Systems’ in the Dock,” Book Review Essay, 11(2) China Review International 30, reviewing Johannes M. M. Chan, H. L. Fu, and Yash Ghai (eds), Hong Kong’s Constitutional Debate: Conflict Over Interpretation.

2005 “Comment: The ‘Replacement’ Chief Executive’s Two-Year Term: A Pure and Unambiguous Common Law Analysis,” 35(1) Hong Kong Law Journal 17.

2005 Book Review Essay, 12(2) China Review International 235, reviewing Randall Peerenboom, China’s Long March Toward Rule of Law.

2005 Book Review Essay, 12(2) China Review International 70, reviewing Fu Hualing, Carole J. Petersen, and Simon N. M. Young (eds), National Security and Fundamental Freedoms: Hong Kong’s Article 23 Under Scrutiny.

2005 “Summoning Democracy, Justice, and Pluralism: Taiwan’s Council of Grand Justices,” 4(2) Journal of Comparative Asian Development 337.

2006 Book Review Essay, 13(1) China Review International 221, reviewing Thomas A. Metzger, A Cloud Across the Pacific: Essays on the Clash Between Chinese and Western Political Theories Today.

2007 “A Comparative Study of the Meaning and Importance of Several Constitutional Cases in the Highest Courts of the PRC, Hong Kong, and Taiwan,” PhD Thesis, University of Hong Kong Department of Law http://library.hku.hk/record=b3767862

2007 “Forcing the Dance: Interpreting the Hong Kong Basic Law Dialectically” in Hualing Fu, Lison Harris, and Simon N. M. Young (eds), Interpreting Hong Kong’s Basic Law: The Struggle for Coherence (New York & Hampshire UK, 2007), 97-111.

2007 Book Review Essay, 37(3) Hong Kong Law Journal 1013, reviewing Paul Harris, The Right To Demonstrate: A History of Popular Demonstrations from the Earliest Times to Tian An Men Square and Beyond.

2008 Book Review Essay, 38(1) Hong Kong Law Journal 309, reviewing Christine Loh and Civic Exchange (eds), Functional Constituencies: A Unique Feature of the Hong Kong Legislative Council.

2008 “The Hong Kong Lands Resumption Ordinance: Implications of Law and Public Policy for International Construction Projects” in Edwin H. W. Chan (ed), Contractual and Regulatory Innovation in the Building and Real Estate Industry (Hong Kong: Pace Publishing), 88-94.

2010 “China’s Marbury: Qi Yuling v. Chen Xiaoqi—The Once and Future Trial of Both Education and Constitutionalization” 2(2) Tsinghua China Law Review/《清华中国法律评论》273-316; available at http://tsinghuachinalawreview.org/articles/PDF/TCLR_0202_Morris.pdf

2011 Book Review Essay, reviewing Peter Cane and Herbert M. Kritzer (eds), The Oxford Handbook of Empirical Legal Research, 41(3) Hong Kong Law Journal 883-89.

2012 “Law and Justice: The Challenge for Civics” 15(2) Public Administration and Policy: An Asia-Pacific Journal 49-67.

2012 Book Review Essay, reviewing Thomas A. Metzger, The Ivory Tower and the Marble Citadel: Essays on Political Philosophy in Our Modern Era of Interacting Cultures, 19(4) China Review International 629-50.

2017 Advanced (Legal) Research Methodology (ARM) (LLAW 6022) Lecture Notes, Teaching Syllabus and Materials for Research Postgraduate (RPG) Students, University of Hong Kong Faculty of Law (2007-2011), The University of Hong Kong Scholars Hub,

http://hdl.handle.net/10722/237356

http://hub.hku.hk/handle/10722/237356

Feb. 1, 2017

www.robertjmorris.net

www.facebook.com/Kapaihiahilina

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[1] See the link at http://100.hku.hk/sunyatsen

[2] See also my notes on language at the link on this Web page to My Bibliography on Hawai‘i.