HKU Authorized Scholarship Weblog: Darcy Lynn Davison-Roberts: “A HANDBOOK FOR PRACTITIONERS

By Roosty

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Roosty

Posted: January 14, 2023 at 5:38 AM, Updated: January 14, 2023 at 5:38 AM

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“A HANDBOOK FOR PRACTITIONERS | HONG KONG“
by Darcy Lynn Davison-Roberts, Senior Lecturer,
College of Legislation, The College of Hong Kong
in
Civil Liability for Human Rights Violations:
A Handbook for Practitioners
pp.1-38 (on-line model of the Hong Kong Chapter)

The Bonavero Institute of Human Rights at the University of Oxford, led a challenge on civil legal responsibility for human rights violations from 2019 to 2022. Funded by the Oak Foundation, the challenge concerned a comparative examine of the authorized programs of a variety of jurisdictions to investigate present home regulation mechanisms or rules for imposing civil legal responsibility on public our bodies, companies, and people in three specified classes of human rights violations: (1) assault or illegal arrest and detention of individuals, (2) environmental hurt, and (3) dangerous or unfair labor circumstances.

Designed for practitioners, the handbook permits readers to refer on to a particular jurisdiction, with every report following a uniform template. The Editor’s Introduction explains the handbook’s scope and gives comparative insights drawn from the studies.

The handbook can be downloaded as one full PDF file or as particular person nation studies and the Editor’s Introduction as separate PDF recordsdata. This useful resource serves as a complete information for authorized professionals and human rights advocates trying to perceive and make the most of civil legal responsibility mechanisms for human rights violations in numerous nations.

Summary of the Hong Kong Chapter: Hong Kong is a particular administrative area that
exists as a part of the Individuals’s Republic of China beneath
the ‘One Nation, Two Programs’ precept. Till 2047,
the authorized system of Hong Kong is one in every of widespread
regulation inherited from the British colonial authorities.
The judge-decided case regulation is augmented by means of
ordinances enacted by the Legislative Council.
The Fundamental Legislation and the Hong Kong Invoice of Rights
Ordinance are the first statutory sources of
basic human rights in Hong Kong, however they
apply to and bind solely public our bodies. Civil claims
in opposition to non-public actors are commenced based mostly on
the widespread regulation of torts and statutory treatments.

Introduction of the Hong Kong Chapter:

1. The authorized system of Hong Kong is one in every of widespread regulation, inherited from the British colonial authorities that ruled Hong Kong as a crown colony from 1842 to 1997. Upon the resumption of sovereignty of Hong Kong by the Individuals’s Republic of China in 1997, and beneath the precept of ‘One Nation, Two Programs’ (1C2S), Hong Kong was designated as a ‘particular administrative area’ of the Individuals’s Republic of China and was to get pleasure from a ‘excessive diploma of autonomy’. Elementary to the 1C2S precept was the promise that the Hong Kong Particular Administrative Area (HKSAR) was to retain its governmental, political and financial programs for 50 years, ending in 2047. Which means that the programs applied by the British colonial authorities, together with the widespread regulation authorized system, the rule of regulation, an impartial judiciary, and a convention of defending human rights, are to stay untouched throughout this era. Moreover, all legal guidelines in power in Hong Kong on the time of the Handover are to stay in power within the post-Handover interval, being the widespread regulation, guidelines of fairness, ordinances, subordinate laws and customary regulation, with restricted exceptions.

2. Whereas the HKSAR is a typical regulation jurisdiction, the widespread regulation, comprised primarily of judge-decided case regulation, is augmented by the use of ordinances (legislative devices) which can be enacted by the HKSAR Legislative Council (LegCo). The Particular Administrative Area’s ordinances and subordinate laws could be accessed by means of a bilingual, free and searchable database. Extra sources of regulation within the HKSAR embody nationwide regulation of the Individuals’s Republic, the Fundamental Legislation (which is the HKSAR’s constituting doc) and interpretations of the Fundamental Legislation by the Standing Committee of the Nationwide Individuals’s Congress of the Individuals’s Republic of China (NPCSC), customary regulation and worldwide regulation.

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