Reconceptualising the Relationship between the Mainland Chinese Legal System and the Hong Kong Legal System

Asian Journal of Comparative Law, Vol. 6, No. 1, p. 1, 2011

31 Pages Posted: 22 Feb 2011

See all articles by Cora Chan

Cora Chan

The University of Hong Kong - Faculty of Law

Date Written: January 1, 2011

Abstract

It has been more than a decade since China began her experiment of “One Country, Two Systems” in Hong Kong (HK). It is now generally assumed that the relationship between the legal systems of these two jurisdictions is monistic. Analysing post-Handover constitutional case law in HK, including a recent landmark decision on sovereign immunity, FG Hemisphere Associates LLC v. Democratic Republic of Congo, this article challenges this assumption and argues that the relationship between the two legal systems is best conceptualized as a form of legal pluralism found in the European Union.

Keywords: Legal Pluralism, China, Hong Kong, European Union, One Country Two Systems, Constitutions, Legal Systems, FG Hemisphere Associates LLC v. Democratic Republic of Congo, Constitutional Theory, Jurisprudence

Suggested Citation

Chan, Cora, Reconceptualising the Relationship between the Mainland Chinese Legal System and the Hong Kong Legal System (January 1, 2011). Asian Journal of Comparative Law, Vol. 6, No. 1, p. 1, 2011. Available at SSRN: https://ssrn.com/abstract=1765522

Cora Chan (Contact Author)

The University of Hong Kong - Faculty of Law ( email )

Pokfulam Road
Hong Kong, Hong Kong
China

HOME PAGE: http://hub.hku.hk/rp/rp01296

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