This revised edition provides a systematic analysis of the Hong Kong Basic Law from both the Hong Kong and China viewpoints. The title of the book "The Hong Kong Basic Law: Hybrid of Common Law and Chinese Law" indicates the approach of the author to synthesize the concepts of the Basic Law drafters from the mainland and Hong Kong. This book has a comprehensively discusses Basic Law disputes from various angles. Whilst describing the Basic Law as the frontline of confrontation, the frontline of compromise and the frontline to embrace love and understanding for the peoples across the river, the author explores ways to mediate the differences between the legal traditions of Chinese law and common law when it comes to the core issue of interpretation.
The book covers the discussions of all significant cases arising from disputes of the Law as well as the legislative intent of the Basic Law drafters from the mainland regarding the disputable provisions. It has exposed the nature of the Law being a compromised law under the compromising politics of Britain and China resulting in the deliberate ambivalence in the wording of the Law. As suggested, Basic Law is like a child with its own life. The embryo stage determines its innate nature, but the actual implementation determines its shape, quality and character. It is important to understand the thinking of both China and Hong Kong in order to achieve a successful "One Country Two Systems". This book is an excellent tool for English readers to thoroughly understand how China and Hong Kong form their views over disputable issues.
Priscilla Leung is the Associate Dean of the Law School of the City University of Hong Kong, having lectured on the Hong Kong Basic Law for fian...