Righteousness - The Rule of Law: Just Before the Dawn

正道 ‧ 法治 ─ 寫在黎明之前

 

Johannes M. M. Chan
Ming Pao Publisher
Published in January 2020

 

This book is about the rule of law and the challenges to the Hong Kong’s legal system. It comprises seven parts. Part 1, titled the Rule of Law, provides an introduction to some basic concepts about our legal system, such as the independence of the judiciary. Part 2, titled the Basic Law, examines some controversial issues about the Basic Law, such as the principles governing and the restraints on the power of the Standing Committee of the National People’s Congress to interpret the Basic Law, the doctrine of separation of powers, residual powers and the constitutional duties under Article 23 of the Basic Law. Part 3, on Selected Legal Issues, discusses some issues of public concern, such as academic freedom, colocation, civil disobedience, and a special section on a review of the controversies arising from the Extradition Bill. Part 4 focuses on the Courts. It discusses some interesting cases such as the oath case and the transgender case, and reflects on the strengths or weaknesses of our legal system. Part 5, titled Democracy, covers issues such as the core values of Hong Kong, clean and good governance, and the right to self-determination. Part 6 is on Occupy Central Movement. It provides a snapshot of the Occupy Central Movement and makes suggestions on what could be done to resolve the current crisis arising from the controversies over the anti-extradition Bill. The last part, Part 7 on China, discusses some major cases involving China, including the cases of Liu Xiaobo, Meng Wanzhou, sovereignty disputes over South Sea, and explores the difficulties that hinder the development of the rule of law in the Mainland. Through these discussions and commentaries, it is hoped that it will allow the readers to have a better understanding of these social and legal controversies, and in turn, a better understanding of the rule of law and our legal system.