Charity Governance in Hong Kong: Some Legal Question

Co-organized by the Faculty of Social Sciences, University of Hong Kong and the Centre for Comparative and Public Law, Faculty of Law, University of Hong Kongpreprin

The constitutional game of article 158(3) of the Basic Law

In a recent civil case, the Court of Final Appeal decided to make a reference to the Standing Committee of the National People's Congress under Art 158(3) o f the Basic Law to interpret certain other provisions of the Basic Law central to the issues and outcome of the case. By applying the constitutional game analytical framework, this article analyses why the Court of Final Appeal initiated the reference procedure in the way that it did.published_or_final_versio

A Tale of the Unexpected: Tung's Resignation and the Ensuing Constitutional Controversy

Commentpublished_or_final_versio

The Principle of Minimum Legislation for Implementing Article 23 of the Basic Law

The Government of the Hong Kong Special Administrative Region published the Consultation Document on the Proposals to Implement Article 23 of the Basic Law in September 2002. Article 23 of the Basic Law requires the Hong Kong Government to enact laws on its own to prohibit any act of treason, secession, sedition or subversion against the Central People's Government, or the theft of state secrets. The Hong Kong Government must also prohibit foreign political organisations or bodies from conducting political activities in Hong Kong and prohibit political organisations or bodies in Hong Kong from establishing ties with foreign political organisations or bodies. A list of proposals is made in the consultation document on how to implement Article 23. This article analyses those proposals on the basis of the principle of minimum legislation. Though many of the proposals are acceptable, some are not necessary or could be refined according to the principle.published_or_final_versio

Developing an index of the rule of law: sharing the experience of Hong Kong

The Rule of Law is considered a major aspect of modern governance. For every legal system, it is important whether the Rule of Law is attained and how far it has been attained. Though there are various indicators and indexes of the Rule of Law they all have their limitations. This paper reported a study conducted in Hong Kong in 2005, combining qualitative and quantitative methodologies, to assess the level of attainment of the Rule of Law in Hong Kong. It is found that the level of attainment is high but a downward trend is also discovered. A main objective of developing this new methodology in assessing Rule of Law, is that it could be used for tracking the development of the Rule of Law in a particular legal system and facilitating comparison between legal systems.published_or_final_versio

Basic Law, Basic Politics: The Constitutional Game of Hong Kong

Most lawyers have a doctrinal understanding of the constitution. They are sceptical of any political understanding of a constitution, feeling that this may taint the sacredness of the legal paradigm. Political scientists view things differently. They offer three approaches to understanding a constitution from the perspective of the political paradigm: the attitudinal approach, the institutional approach and the strategic approach. The author argues that the incorporation of the political paradigm into one's analytical framework is unavoidable if one wants to have a comprehensive understanding of the constitution. The author integrates the legal and political paradigmsi nto the form of a constitutionalg ame, and applies this analyticalf ramework to the Basic Law, thereby illustrating how law and politics have interacted in the constitutional development of Hong Kong over the last 10 years.published_or_final_versio

跨學科與法律教育

中央研究院法律學研究所法學叢書系列: v. 3 = Institutum Iurisprudentiae Academia Sinica proceeding series ; 3Fulltext in: http://publication.iias.sinica.edu.tw/books/books03/books03a/books03ach05-1/files/assets/basic-html/index.html#1跨學科可以說是大學敎育的大趨勢’法律教育作為大學敎育的一部分，也脫離不了此跨學科的大趨勢。但對甚麼才是跨學科及如何在法律教育中融入跨學科’卻仍沒有太多理論及系統性的分析。 本文先剖析跨學科的不同定義、跨學科教研的重要性、和進行跨學科教研所必須面對的挑戰。在這基礎上，作者會建議一套以「系統理論」來建搆法律教育的跨學科理論框架。 作者也會介紹他在香港大學法律學院教授的三個法律跨學科科目的經驗’以展示如何在法律課程中在不同程度引入跨學科的元素’並驗證這理論的可行性。從這些經驗’作者會初步總結經驗並提出一些建議I讓跨學科能更有系統地整合於法律教育。 Interdisciplinarity can be said to be a megatrend in university education Legal education as a part of university education, also cannot escape from this megatrend. However, concerning what interdisciplinarity is or how interdisdplinarity can be integrated into legal education, there is not much theoretical and systematic analysis. This article will first analyze the different definitions of interdisciplinarity, the importance of interdisciplinary teacliing and research, and challenges encountered by interdisciplinary teaching and research. On that foundation, the author will suggest a 'systems theory' as the theoretical framework to guide the development of mterdisciplinarity in legal education. I will also illustrate how to incorporate different degrees of interdisciphnanty in legal curriculum through his experiences in developing three mterdisciplinary courses at the Faculty of Law, the University of Hong Kong. The feasibility of the theory can also be tested. From these experiences, the author will provide some conclusive remarks and suggestions, hoping that interdisciplinarity can be better integrated into legal education