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ASSESSING A KEY FACET OF THE RULE OF LAW IN POST-1997 HONG KONG

ASSESSING A KEY FACET OF THE RULE OF LAW IN POST-1997 HONG KONG

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Simon NM Young and Yash Ghai (eds), Hong Kong’s Court of Final Appeal: The Development of Law in China’s Hong Kong (Cambridge: Cambridge University Press, 2014), 735 pages. USD150, GBP 95. ISBN 97811070011212.

Abstract: The intellectually ingenious but practically challenging “one country-two systems” formula has enabled Hong Kong to maintain its British-style colonial institutional façade following its absorption into the Chinese body politic. A high degree of freedom and a measure of pluralism have been sustained against the backdrop of orderly governance architecture. However, a gradual process of mainlandization has been under way, slowly blurring some of the fundamental distinctions between local structural patterns and processes and those prevailing across the “border”. Inter alia, threats to judicial autonomy and effectiveness have possibly emerged. The picture is explored comprehensively and methodically in this rich set of extensively researched and soundly constructed studies on the territory’s Court of Final Appeal. Further vital insights could potentially be generated by actively encouraging scholars from disciplines other than the law to contribute to the exploration of the crucial issues raised by the authors.

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