Johannes M M Chan

The University of Hong Kong - Faculty of Law

Pokfulam Road

Hong Kong, Hong Kong

China

http://hub.hku.hk/rp/rp01292

SCHOLARLY PAPERS

22

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Ideas:
“  the role of the judiciary and judicial independence in an authoritarian or semi-authoritarian regime.  ”

Scholarly Papers (22)

1.

Human Rights, the Rule of Law and Democracy: Recent Experience of Hong Kong and China

University of Hong Kong Faculty of Law Research Paper No. 2015/039
Number of pages: 36 Posted: 08 Aug 2015 Last Revised: 25 Sep 2015
Johannes M M Chan
The University of Hong Kong - Faculty of Law
Downloads 343 (87,638)

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Rule of Law, arbitrary powers, independence of the judiciary, human rights, civil disobedience, rule of law and evolving democracy, significance of the rule of law in Asia, legislative interpretation, 4th Plenum of the 18th Central Committee of the Chinese Communist Party, legitimacy of constitution

2.

Access to Justice

Number of pages: 13 Posted: 06 Jul 2010 Last Revised: 21 Sep 2011
Johannes M M Chan
The University of Hong Kong - Faculty of Law
Downloads 140 (208,230)

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civil justice reform, mediation, access to justice

3.

Behind the Text of the Basic Law: Some Constitutional Fundamentals

Rosalind Dixon and Adrienne Stone (eds), The Invisible Constitution in Comparative Perspective (Cambridge University Press, 2018), pp 193-229
Number of pages: 32 Posted: 29 Sep 2016 Last Revised: 27 Aug 2019
Johannes M M Chan
The University of Hong Kong - Faculty of Law
Downloads 123 (230,513)

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Invisible Constitution, Basic Law, Hong Kong, Interpretation by the Standing Committee of the National People's Congress

4.

Ten Days that Shocked the World: The Rendition Proposal in Hong Kong

(2019) 49(2) Hong Kong Law Journal 431-445, University of Hong Kong Faculty of Law Research Paper No. 046
Number of pages: 12 Posted: 30 Aug 2019 Last Revised: 11 Oct 2019
Johannes M M Chan
The University of Hong Kong - Faculty of Law
Downloads 75 (319,200)

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Extradition, One Country Two System

5.

Disturbing the Past and Jeopardising the Future: Retrospective and Prospective Overruling

University of Hong Kong Faculty of Law Research Paper No. 2015/031
Number of pages: 21 Posted: 08 Aug 2015 Last Revised: 24 Sep 2015
Johannes M M Chan
The University of Hong Kong - Faculty of Law
Downloads 65 (344,954)

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Prospective overruling, stay of a declaration of unconstitutionality, temporary validity of unconstitutional law

6.

The Politics of the Ombudsman: The Hong Kong Experience

Marc Hertogh and Richard Kirkham (eds), Research Handbook on the Ombudsman (Edward Edgar, November 2018), pp 91-112, ISBN: 978 1 78643 124 0, University of Hong Kong Faculty of Law Research Paper No. 057
Number of pages: 36 Posted: 31 Aug 2019 Last Revised: 13 Oct 2019
Johannes M M Chan and Vivian Wong
The University of Hong Kong - Faculty of Law and The University of Hong Kong
Downloads 13 (567,710)

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Ombudsman, maladministration, different models or Ombudsman, human rights as maladministration, Human Rights Commission, semi-democracy and accountability

7.

Vindicatory Damages for Violation of Constitutional Rights: A Comparative Approach

Mark Elliott, Jason Varuhas and Shona Wilson Stark (eds), The Unity of Public Law? (Hart Publishing, 2018), pp 327-350 , University of Hong Kong Faculty of Law Research Paper No. 050
Number of pages: 34 Posted: 30 Aug 2019 Last Revised: 13 Oct 2019
Johannes M M Chan
The University of Hong Kong - Faculty of Law
Downloads 13 (567,710)

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vindicatory damage, private law and public law

8.

A Storm of Unprecedented Ferocity: Shrinking Space for Political Rights, Public Demonstrations and Judicial Independence in Hong Kong

(2018) 16(2) International Journal of Comparative Constitutional Law 373-388 , University of Hong Kong Faculty of Law Research Paper No. 048
Number of pages: 18 Posted: 27 Aug 2019 Last Revised: 13 Oct 2019
Johannes M M Chan
The University of Hong Kong - Faculty of Law
Downloads 12 (574,048)

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right to peaceful assembly, civil disobedience, independence of the judiciary, interpretation of the Basic Law, Standing Committee of the National People's Congress, authoritarian regime, right to stand for election, oath of office

9.

Constitutional Protection of the Right to Be Presumed Innocent and the Right Against Self-Incrimination: The Hong Kong Experience

(2013) Singapore Academy of Law Journal (Special Issue, Dec 2013) 679-713, University of Hong Kong Faculty of Law Research Paper No. 053
Number of pages: 32 Posted: 30 Aug 2019 Last Revised: 13 Oct 2019
Johannes M M Chan
The University of Hong Kong - Faculty of Law
Downloads 9 (593,201)

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presumption of innocence, legal and evidential burden, reverse onus provision, right against self-incrimination, derivative immunity, use immunity

10.

Hong Kong's Umbrella Movement

(2014) 103(6) The Round Table: The Commonwealth Journal of International Affairs 571-580 (Oxford: Routledge, 2014) , University of Hong Kong Faculty of Law Research Paper No. 052
Number of pages: 11 Posted: 30 Aug 2019 Last Revised: 13 Oct 2019
Johannes M M Chan
The University of Hong Kong - Faculty of Law
Downloads 9 (593,201)

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Umbrella Movement, Occupy Central, Civil Disobedience, One Country Two Systems, decolonisation, Sino-British Joint Declaration, Basic Law, election, nomination, Chief Executive of the HKSAR

11.

Proportionality after Hysan: Fair Balance, Manifestly without Reasonable Foundation, and Wednesbury Unreasonableness

(2019) 49 Hong Kong Law Journal 265-294 , University of Hong Kong Faculty of Law Research Paper No. 045
Number of pages: 30 Posted: 30 Aug 2019 Last Revised: 13 Oct 2019
Johannes M M Chan
The University of Hong Kong - Faculty of Law
Downloads 7 (606,251)

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Proportionality, Sliding scale of intensity of review, manifestly without reasonable foundation, Wednesbury unreasonableness, fair balance

12.

Searching the Academy: A Chinese Opera as the Rule of Law and Legal Narrative

(2015) 18 Law Text Culture, (Special Issue on The Rule of Law and the Cultural Imaginary in (Post-) Colonial East Asia,) 6-32 , University of Hong Kong Faculty of Law Research Paper No. 056
Number of pages: 23 Posted: 30 Aug 2019 Last Revised: 13 Oct 2019
Johannes M M Chan and Elaine Y L Ho
The University of Hong Kong - Faculty of Law and The University of Hong Kong
Downloads 4 (626,685)

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Chinese opera, rule of law, imported legal system and indigenous culture, cultural imaginary

13.

Compensation for Miscarriage of Justice

Hong Kong Lawyer (August 2013), pp 32-37
Number of pages: 7 Posted: 10 Oct 2019
Johannes M M Chan
The University of Hong Kong - Faculty of Law
Downloads 3 (634,649)

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miscarriage of justice, compensation, ex gratis payment

14.

Administrative Law

Simon Young and Yash Ghai (eds), Hong Kong’s Court of Final Appeal: The Development of the Law in China’s Hong Kong (Cambridge University Press, 2014), pp 417-446 , University of Hong Kong Faculty of Law Research Paper No. 055
Number of pages: 34 Posted: 30 Aug 2019 Last Revised: 13 Oct 2019
Johannes M M Chan
The University of Hong Kong - Faculty of Law
Downloads 3 (634,649)

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judicial review, threshold leave application, standing and academic issue, standard of proof in disciplinary matter, retrospective operation of declaratory relief on constitutionality, Wednesbury unreasonableness and proportionality, substantive legitimate expectation, public accountability

15.

Hong Kong's Constitutional Journey 1997-2011

Albert Chen (ed), Constitutionalism in Asia in the New 21st Century (Cambridge University Press, 2014), pp 169-193 , University of Hong Kong Faculty of Law Research Paper No. 054
Number of pages: 24 Posted: 30 Aug 2019 Last Revised: 13 Oct 2019
Johannes M M Chan
The University of Hong Kong - Faculty of Law
Downloads 3 (634,649)

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One Country, Two System, Basic Law, Standing Committee of National People's Congress, high degree of autonomy, democratic movement, judicial independence, national security, Art 23 legislation

16.

Application of Article 6 of the ECHR to Administrative Decisions: The Experience of a Common Law Jurisdiction

Rolf Weber, Markus Notter and Andreas Heinemann (eds), Europäische Idee und Integration – mittendrin und nicht dabei (European Ideas and Integration – in the middle and not involved?) Liber Amicorum in Honour of Professor Andreas Kellerhals (Basel: Schulthess, 2018), pp 37-49, University of Hong Kong Faculty of Law Research Paper No. 049
Number of pages: 10 Posted: 30 Aug 2019 Last Revised: 13 Oct 2019
Johannes M M Chan
The University of Hong Kong - Faculty of Law
Downloads 3 (634,649)

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European Convention on Human Rights, Art 6, Right to fair hearing, civil rights and obligations, ICCPR, rights and obligations at a suit at law, private law and public law, independent and impartial tribunal, full jurisdiction

17.

Maintaining Institutional Strength: The Court, the Act of State and the Rule of Law

Fiona de Londras and Cora Chan (eds), China’s National Security and Hong Kong’s Rule of Law (Cambridge: Hart Publishing, 2019), Chapter 14
Number of pages: 25 Posted: 10 Oct 2019
Johannes M M Chan
The University of Hong Kong - Faculty of Law
Downloads 2 (644,260)

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Act of State, Fact of State, Special Advocate, national security, political role of Secretary of Justice, judicial independence

18.

Academic Freedom, Political Interference and Political Accountability: The Hong Kong Experience

(2016) 7 Journal of Academic Freedom, 1-21 , University of Hong Kong Faculty of Law Research Paper No. 047
Number of pages: 22 Posted: 30 Aug 2019 Last Revised: 13 Oct 2019
Johannes M M Chan and Douglas R. Kerr
The University of Hong Kong - Faculty of Law and The University of Hong Kong - Faculty of Arts
Downloads 2 (644,260)

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academic freedom, accountability of public institutions, financial control, appointment of senior management, Hong Kong

19.

The Law Society’s Power to set a Common Entrance Examination?

(2018) 48 Hong Kong Law Journal 1-13
Posted: 30 Aug 2019
Johannes M M Chan
The University of Hong Kong - Faculty of Law

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Professional qualification, Common Entrance Examination, PCLL, Standing Committee on Legal Education, Law Society of Hong Kong

20.

Basic Law and Constitutional Review: The First Decade

Hong Kong Law Journal, Vol. 37, p. 407, 2007
Posted: 11 Jul 2009
Johannes M M Chan
The University of Hong Kong - Faculty of Law

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21.

Legal Professional Privilege: Is it Absolute?

Hong Kong Law Journal, Vol. 36, p. 461, 2006
Posted: 07 Jul 2009
Johannes M M Chan
The University of Hong Kong - Faculty of Law

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22.

Payment for Government Services by Consumers: Some Legal Considerations

Hong Kong Law Journal, Vol. 30, p. 184, 2000
Posted: 18 Aug 2006
Johannes M M Chan
The University of Hong Kong - Faculty of Law

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