Hong Kong Constitutional Law
Select one of the topics below to begin your study with our Hong Kong Constitutional Law materials.
Key topics of Hong Kong Constitutional Law
1. The Drafting History of the Hong Kong Basic Law and Hand-over
- Colonial History of Hong Kong
- Constitution and System of British Hong Kong Government
- Development of Administrative System
- Development of Democracy in Before 1997
- Sino-British Negotiation and Joint Declaration
- Drafting of Basic Law
- Understanding Doctrine of One Country Two Systems
- Major Guiding Principles of Basic Law
- Scope of Application of Chinese Constitution and National Laws
- Establishment of HKSAR
2. The Framework of the Basic Law
- Models of Autonomy under One Country Two Systems
- Nature of Basic Law
- Structure of Basic Law
- General Principles
- Separation of Powers in Basic Law
- Relationship between Central Authorities and HKSAR
3. The Political and Administrative System
- Political Structure
- Basic principles
- Forms of Representation
- NPC
- Centralized and Consultative Government
- Separation of Powers or Executive-led Government
- Legislative Council
- Composition
- Powers and Functions of LegCo
- Restriction on Law-making Powers
- Law-making Process
- Supervision of Executive and Parliamentary Enquiry
- Public Finance
- Impeachment of Chief Executive
- Selection of Chief Executive
- Executive and Chief Executive in Council
- Contradictions in Political System
- Neutrality of Civil Service and Ministerial System
- Localization and Principal Officials
4. Constitutional Jurisdiction of the Courts of the HKSAR
- Parliamentary Sovereignty and its Application to HKSAR
- Doctrine of Act of State
- Facts of State
- Judicial Review of legislation
- Resolutions of NPCSC
5. Interpretation and Amendment of the Basic Law
- Importance and Mode of Interpretation
- Scheme for Interpretation under Art 158
- Judicial Referral, Classification Test and Necessity Test
- Interpretation Powers of NPCSC and HKSAR Courts
- Problems under Art 158
- Legislative Interpretation versus Judicial Interpretation
- Role of Basic Law Committee
- Principles and Approach to Constitutional Interpretation
- Scheme of Amendments to Basic Law
6. Rights and Freedoms
- General Framework for Protection of Rights and Freedoms
- Chapter 3, Bill of Rights Ordinance and ICCPR
- ICESCR and ILO
- Civil and Political Rights
- Economic Rights and Property Rights
- Social and Cultural Rights and Policies
- Lawful Traditional Rights and Interests of New Territories Indigenous Inhabitants
- Limitations or Restrictions of Rights and Freedoms
- State of Emergency and Application of National Laws
- Restrictions of Rights and Freedoms under Art 23
- Law of PRC on Safeguarding National Security in HKSAR
7. International Aspects of the HKSAR
- Chinese View of International Law
- External Affairs Powers of HKSAR
- Role and Problems of HKSAR in International Legal Regime
- Succession of Rights and Obligations in International Treaties Applicable to Hong Kong before 1997
- Capacity to Participate in International Treaties, Conferences and Organizations
- Conflicts of Law and Recognition of Judgments of Taiwan Courts
8. The Constitutional System of the PRC
- Theory of Socialist Constitution
- Brief History of Chinese Constitutional System
- PRC Constitution and its Amendments
- Central Authorities of PRC (NPC, NPCSC, State Council, Central Military Commission)
- Role and Organization of Communist Party
- Special Administrative Regions under Art 31
- Rights and Obligations of the Citizen
- Sources of Law (Legislative Interpretation, Judicial Interpretation and Executive Interpretation)
- Judiciary, Procuratorate and Public Security
- Review of Judiciary
- Developing Constitution
Note: The key points and topics listed above for this subject are based on the PECA website, which is the official website of the PCLL Conversion Examination Board.