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Reconceptualising the Relationship between the Mainland Chinese Legal System and the Hong Kong Legal System
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Cora Chan
Published/Copyright:
February 18, 2011
Abstract
It has been more than a decade since China began her experiment of “One Country, Two Systems” in Hong Kong (HK). It is now generally assumed that the relationship between the legal systems of these two jurisdictions is monistic. Analysing post-Handover constitutional case law in HK, including a recent landmark decision on sovereign immunity, FG Hemisphere Associates LLC v. Democratic Republic of Congo, this article challenges this assumption and argues that the relationship between the two legal systems is best conceptualized as a form of legal pluralism found in the European Union.
Published Online: 2011-02-18
©2011 Walter de Gruyter GmbH & Co. KG, Berlin/Boston
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Keywords for this article
China;
Hong Kong;
European Union;
legal systems;
legal pluralism;
constitutions
Articles in the same Issue
- Article
- Reconceptualising the Relationship between the Mainland Chinese Legal System and the Hong Kong Legal System
- The Relationship between Mediation and Judicial Proceedings in China
- Averting Diversity: A Review of Nominations and Appointments to the Philippine Supreme Court (1988-2008)
- The ASEAN Comprehensive Investment Agreement: Realizing a Regional Community
- The Enigma of Enforceability of Investment Treaty Arbitration Awards in India
- A Multilateral Tax Treaty for ASEAN -- Lessons from the Andean, Caribbean, Nordic and South Asian Nations
- Revisiting the Role of the President during Caretaker Government in Ensuring Credible Free Elections in Bangladesh
- Reform of Charity Law in Hong Kong and Australia: What Lessons Can Be Learned from the United Kingdom?
- Book Review
- Review of The Handbook of Comparative Criminal Law
- Review of The Constitutional Law of Indonesia: A Comprehensive Overview
- Review of Law and Legal Institutions of Asia: Traditions, Adaptations and Innovations
