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Hong Kong's Court of Final Appeal
The Development of the Law in China's Hong Kong

£103.00

Yash Ghai, Xiaonan Yang, Oliver Jones, Simon N. M. Young, Antonio Da Roza, Michael Thomas, Mark Daly, Jill Cottrell, Sir Anthony Mason, Albert H. Y. Chen, P. Y. Lo, Johannes Chan, William Waung, Malcolm Merry, Rick Glofcheski, Gary Meggitt, Jorge Godinho, Paulo Cardinal, Josef Marko
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  • Date Published: December 2013
  • availability: Available
  • format: Hardback
  • isbn: 9781107011212

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About the Authors
  • In the years since it was established on 1 July 1997, Hong Kong's Court of Final Appeal has developed a distinctive body of new law and doctrine with the help of eminent foreign common law judges. Under the leadership of Chief Justice Andrew Li, it has also remained independent under Chinese sovereignty and become a model for other Asian final courts working to maintain the rule of law, judicial independence and professionalism in challenging political environments. In this book, leading practitioners, jurists and academics examine the Court's history, operation and jurisprudence, and provide a comparative analysis with European courts and China's other autonomous final court in Macau. It also makes use of extensive empirical data compiled from the jurisprudence to illuminate the Court's decision-making processes and identify the relative impacts of the foreign and local judges.

    • As the first detailed study of Hong Kong's highest court in China's only common law jurisdiction, this is a must-have book for those interested in the rule of law in Hong Kong and China and in the comparative study of final courts
    • New empirical data on the decision-making processes of Hong Kong's final court encourages readers to think about the Court in new ways
    • Includes a range of viewpoints from leading figures, making this relevant to legal practitioners, jurists and legal scholars
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    Reviews & endorsements

    'Professors Young and Ghai's book contains a profuse wealth of data and accompanying critical commentary that covers every conceivable major aspect of the CFA's work.' The Cambridge Law Journal

    'A fruitful perspective … [a] pioneering work.' Roda Mushkat, Journal of International and Comparative Law

    'Yash Ghai and Simon Young have succeeded in bringing out an excellent book, an indispensable guide to the working of the judiciary in Hong Kong's new constitutional and legal system.' Anton Cooray, Asia Pacific Law Review

    'This masterful volume is an essential read for all who are interested in the development of law in Hong Kong and the PRC and questions about judicial economy generally.' Pitman B. Potter, Pacific Affairs

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    Product details

    • Date Published: December 2013
    • format: Hardback
    • isbn: 9781107011212
    • length: 738 pages
    • dimensions: 226 x 150 x 38 mm
    • weight: 1.29kg
    • contains: 14 b/w illus. 24 tables
    • availability: Available
  • Table of Contents

    1. Themes and arguments Yash Ghai
    Part I. Final Appeals: Setting the Context:
    2. Autonomy and the Court of Final Appeal: the constitutional framework Yash Ghai
    3. Two interpreters of the basic law: the CFA and NPCSC Xiaonan Yang
    4. A worthy predecessor? The Privy Council on Appeal from Hong Kong, 1853–1997 Oliver Jones
    Part II. The Hong Kong Court of Final Appeal:
    5. Genesis of Hong Kong's Court of Final Appeal Simon N. M. Young, Antonio Da Roza and Yash Ghai
    6. Final Appeals then and now Simon N. M. Young and Antonio Da Roza
    7. Jurisdiction and procedure Antonio Da Roza
    8. A practitioner's perspective Michael Thomas
    9. A human rights lawyer's perspective Mark Daly
    Part III. Judges and Judging:
    10. Role of the Chief Justice Simon N. M. Young, Antonio Da Roza and Yash Ghai
    11. The judges Simon N. M. Young and Antonio Da Roza
    12. Concurring and dissenting in the Hong Kong Court of Final Appeal Jill Cottrell and Yash Ghai
    Part IV. Jurisprudence of the Court:
    13. The common law Sir Anthony Mason
    14. Basic law Albert H. Y. Chen and P. Y. Lo
    15. Human rights Simon N. M. Young
    16. Administrative law Johannes Chan
    17. Criminal law Simon N. M. Young
    18. Commercial law William Waung
    19. Land law Malcolm Merry
    20. Tort law Rick Glofcheski
    21. Civil procedure Gary Meggitt
    Part V. Perspectives from Beyond Hong Kong:
    22. Impact of jurisprudence beyond Hong Kong P. Y. Lo
    23. Macau's Court of Final Appeal Jorge Godinho and Paulo Cardinal
    24. Foreign judges: a European perspective Josef Marko.

  • Editors

    Simon N. M. Young, The University of Hong Kong
    Simon N. M. Young is Director of the Centre for Comparative and Public Law and a professor in the Faculty of Law, University of Hong Kong.

    Yash Ghai, The University of Hong Kong
    Yash Ghai is an Emeritus Professor at the Faculty of Law, University of Hong Kong, where in the past he has held the Sir Y. K. Pao Chair in Public Law.

    Contributors

    Yash Ghai, Xiaonan Yang, Oliver Jones, Simon N. M. Young, Antonio Da Roza, Michael Thomas, Mark Daly, Jill Cottrell, Sir Anthony Mason, Albert H. Y. Chen, P. Y. Lo, Johannes Chan, William Waung, Malcolm Merry, Rick Glofcheski, Gary Meggitt, Jorge Godinho, Paulo Cardinal, Josef Marko

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