Book Review of 'The Judicial Construction of Hong Kong's Basic Law: Courts, Politics, and Society after 1997'

(2016) 75(1) The China Journal 242-244

2 Pages Posted: 2 Jul 2018

See all articles by Danny Gittings

Danny Gittings

University of Hong Kong, College of Humanities and Law, School of Professional and Continuing Education; The University of Hong Kong, Faculty of Law

Date Written: January 1, 2016

Abstract

This article was an invited book review on the most detailed study of the implementation of the Basic Law by the Hong Kong courts, written by barrister Lo Pui Yin.

Writing from the perspective of a fellow author on the Basic Law, this article interpets this book as providing ample evidence that, defying numerous gloomy predictions to the contrary, during its first 15 years after the 1997 reversion to Chinese sovereignty Hong Kong's courts were remarkably successful in “putting barricades at the gateway” to insulate their common law system from the legal order that prevails elsewhere in China.

It concludes that while Hong Kong’s autonomy in the legal arena (as in so many other areas) is vulnerable and under threat, that is still a far cry from concluding it will necessarily disappear, especially when there are still so many in Hong Kong prepared to stand up and defend the territory’s autonomy.

Keywords: Judicial Independence, Non-Democratic Regimes, Basic Law, Hong Kong, China

JEL Classification: K

Suggested Citation

Gittings, Danny, Book Review of 'The Judicial Construction of Hong Kong's Basic Law: Courts, Politics, and Society after 1997' (January 1, 2016). (2016) 75(1) The China Journal 242-244. Available at SSRN: https://ssrn.com/abstract=3197445

Danny Gittings (Contact Author)

University of Hong Kong, College of Humanities and Law, School of Professional and Continuing Education ( email )

34/F United Centre
95 Queensway
Hong Kong

HOME PAGE: http://hkuspace.hku.hk/about-us/people/chl

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

Pokfulam Road
Hong Kong
Hong Kong

HOME PAGE: http://hub.hku.hk/cris/rp/rp01854

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