Hong Kong's Court of Final Appeal
The Development of the Law in China's Hong Kong

This book examines the Court of Final Appeal's structure, jurisprudence and politics and the contribution of its Chief Justice under Chinese sovereignty.

Simon N. M. Young (Edited by), Yash Ghai (Edited by)

9781107011212, Cambridge University Press

Hardback, published 12 December 2013

738 pages, 14 b/w illus. 24 tables
22.6 x 15 x 3.8 cm, 1.29 kg

'This masterful volume is an essential read for all who are interested in the development of law in Hong Kong and the PRC and questions about judicial economy generally.' Pitman B. Potter, Pacific Affairs

In the years since it was established on 1 July 1997, Hong Kong's Court of Final Appeal has developed a distinctive body of new law and doctrine with the help of eminent foreign common law judges. Under the leadership of Chief Justice Andrew Li, it has also remained independent under Chinese sovereignty and become a model for other Asian final courts working to maintain the rule of law, judicial independence and professionalism in challenging political environments. In this book, leading practitioners, jurists and academics examine the Court's history, operation and jurisprudence, and provide a comparative analysis with European courts and China's other autonomous final court in Macau. It also makes use of extensive empirical data compiled from the jurisprudence to illuminate the Court's decision-making processes and identify the relative impacts of the foreign and local judges.

1. Themes and arguments Yash Ghai
Part I. Final Appeals: Setting the Context: 2. Autonomy and the Court of Final Appeal: the constitutional framework Yash Ghai
3. Two interpreters of the basic law: the CFA and NPCSC Xiaonan Yang
4. A worthy predecessor? The Privy Council on Appeal from Hong Kong, 1853–1997 Oliver Jones
Part II. The Hong Kong Court of Final Appeal: 5. Genesis of Hong Kong's Court of Final Appeal Simon N. M. Young, Antonio Da Roza and Yash Ghai
6. Final Appeals then and now Simon N. M. Young and Antonio Da Roza
7. Jurisdiction and procedure Antonio Da Roza
8. A practitioner's perspective Michael Thomas
9. A human rights lawyer's perspective Mark Daly
Part III. Judges and Judging: 10. Role of the Chief Justice Simon N. M. Young, Antonio Da Roza and Yash Ghai
11. The judges Simon N. M. Young and Antonio Da Roza
12. Concurring and dissenting in the Hong Kong Court of Final Appeal Jill Cottrell and Yash Ghai
Part IV. Jurisprudence of the Court: 13. The common law Sir Anthony Mason
14. Basic law Albert H. Y. Chen and P. Y. Lo
15. Human rights Simon N. M. Young
16. Administrative law Johannes Chan
17. Criminal law Simon N. M. Young
18. Commercial law William Waung
19. Land law Malcolm Merry
20. Tort law Rick Glofcheski
21. Civil procedure Gary Meggitt
Part V. Perspectives from Beyond Hong Kong: 22. Impact of jurisprudence beyond Hong Kong P. Y. Lo
23. Macau's Court of Final Appeal Jorge Godinho and Paulo Cardinal
24. Foreign judges: a European perspective Josef Marko.

Subject Areas: Constitutional & administrative law [LND], Comparative law [LAM], Law [L], Black & Asian studies [JFSL3]