China’s National Security in Hong Kong: A Challenge for Constitutionalism, Autonomy and the Rule of Law

Cora Chan and Fiona de Londras, "China’s National Security in Hong Kong A Challenge for Constitutionalism, Autonomy and the Rule of Law" in Cora Chan and Fiona de Londras (eds), China's National Security: Endangering Hong Kong's Rule of Law? (Hart Publishing, 2020)

University of Hong Kong Faculty of Law Research Paper No. 2019/096

13 Pages Posted: 23 Sep 2019 Last revised: 28 May 2020

See all articles by Cora Chan

Cora Chan

The University of Hong Kong - Faculty of Law

Fiona de Londras

Birmingham Law School, University of Birmingham, UK; ANU College of Law

Date Written: September 13, 2019

Abstract

This piece is the introduction that sets the scene for the other chapters in the edited collection, "China's National Security: Endangering Hong Kong's Rule of Law?" (Hart Publishing, 2020)

Abstract of the edited collection:

All states are challenged by the need to protect national security while maintaining the rule of law, but the issue is particularly complex in the China–Hong Kong context. This book explores how China conceives of its national security and the position of Hong Kong. It considers the risks of introducing national security legislation in Hong Kong, and Hong Kong’s sources of resilience against encroachments on its rule of law that may come under the guise of national security. It points to what may be needed to maintain Hong Kong’s rule of law once China’s 50-year commitment to its autonomy ends in 2047.

The contributors to this book include world-renowned scholars in comparative public law and national security law. The collection covers a variety of disciplines and jurisdictions, and both scholarly and practical perspectives to present a forward-looking analysis on the rule of law in Hong Kong. It illustrates how Hong Kong may succeed in resisting pressure to advance China’s security interests through repressive law. Given China’s growing international stature, the collection’s reflections on China’s approach to security have much to tell us about its potential impact on the global political, security, and economic order.

Keywords: national security, rule of law, China, Hong Kong, human rights, constitutional law

JEL Classification: K19

Suggested Citation

Chan, Cora and de Londras, Fiona, China’s National Security in Hong Kong: A Challenge for Constitutionalism, Autonomy and the Rule of Law (September 13, 2019). Cora Chan and Fiona de Londras, "China’s National Security in Hong Kong A Challenge for Constitutionalism, Autonomy and the Rule of Law" in Cora Chan and Fiona de Londras (eds), China's National Security: Endangering Hong Kong's Rule of Law? (Hart Publishing, 2020), University of Hong Kong Faculty of Law Research Paper No. 2019/096, Available at SSRN: https://ssrn.com/abstract=3453119

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

Fiona De Londras

Birmingham Law School, University of Birmingham, UK ( email )

Edgbaston
Birmingham, AL B15 2TT
United Kingdom

HOME PAGE: http://www.birmingham.ac.uk/schools/law/staff/profile.aspx?ReferenceId=99740

ANU College of Law ( email )

Canberra, Australian Capital Territory 2601
Australia

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