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I·CONnect

Blog of the International Journal of Constitutional Law

The Metastasis of “National Security” in China

–Alvin Y.H. Cheung, Progressive Lawyers’ Group, Hong Kong As Dwight D. Eisenhower observed as early as 1961, national security is big business–and, if left to its own devices, will accumulate political power, with potentially disastrous consequences.  Recent events in China have yet again confirmed Eisenhower’s insights.  The mass arrests and disappearances of Mainland lawyers, official

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Hong Kong’s Constitutional Arrangements Aren’t Special

–Alvin Y.H. Cheung, Visiting Scholar, U.S.-Asia Law Institute, NYU School of Law As political wrangling in Hong Kong continues over changes to how the city’s Chief Executive will be selected in 2017, Beijing marks the 25th anniversary of the promulgation of the Hong Kong Basic Law—the Special Administrative Region’s constitutional document.  A recurring theme—both in

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Does Hong Kong Need a Mayor?

–Alvin Y.H. Cheung, Visiting Scholar, U.S.-Asia Law Institute, NYU School of Law It has been known for about two thousand years that it is impossible for one person to serve two masters. Unfortunately, this lesson was lost on the Drafting Committee of Hong Kong’s Basic Law. Under current arrangements, Hong Kong’s Chief Executive is selected

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A Spectre Resurfaces: Chinese National Security Legislation and Hong Kong

—Alvin Y.H. Cheung, Visiting Scholar, U.S.-Asia Law Institute, NYU School of Law National security legislation has been a “third rail” of Hong Kong politics since 500,000 people marched in protest against the National Security (Legislative Provisions) Bill on July 1, 2003 – ultimately forcing then-Chief Executive Tung Chee-hwa to resign.  Nonetheless, in the wake of

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The International Law Response to the Hong Kong Electoral Reform Debate

—Alvin Y.H. Cheung, Visiting Scholar, U.S.-Asia Law Institute, NYU School of Law More than two months into Hong Kong’s pro-democracy protests, the city’s police force – armed with teargas and, in some instances, assisted by vigilantes – renewed its assault on protest encampments in the districts of Mongkok and Admiralty.  As debate continues to rage

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Occupy Hong Kong: Hong Kong’s Constitutional Moment of 2014 Begins

—Alvin Y.H. Cheung, Visiting Scholar, U.S.-Asia Law Institute, NYU School of Law 民無信不立。 [If the people have no faith in their rulers, there is no standing for the State.] – The Analects Hong Kong’s long-awaited constitutional confrontation has begun.  In the early morning of September 28, 2014, the Occupy Central with Love and Peace (OCLP) movement

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Why Hong Kong’s Lawyers Marched

–Alyssa S. King and Alvin Y. H. Cheung On June 27, 2014, up to 1,800 of Hong Kong’s legal professionals, including barristers, who litigate in the courts, and solicitors, who handle all lay client-facing work, marched in silence across the city’s center – for the third time since China resumed sovereignty in 1997[i] – in

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China’s White Paper on Implementation of “One Country, Two Systems” Policy in Hong Kong: A Preliminary Reading

P.Y. Lo, Barrister-at-law, Gilt Chambers, Hong Kong; Part-time tutor, Faculty of Law, The University of Hong Kong On June 10, 2014, the Information Centre of the State Council of the People’s Republic of China issued a White Paper to set out in a formal document the Central Authorities’ comprehensive and correct understanding of the policy

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Whose “Constitutional Moment” is it Anyway? A Response to Professor Chen on Electoral Reform in Hong Kong

—Alyssa S. King, lawyer in New York and 2012 graduate of Yale Law School, and Alvin Y. H. Cheung, New York University School of Law* As the controversy over Hong Kong’s Chief Executive electoral reforms for 2017 rages on, it is vital not to lose sight of the parameters of the debate.[i] The importance of the

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Crisis Averted? Foreign Domestic Helpers, the Basic Law and Hong Kong’s Court of Final Appeal

–Alvin Y. H. Cheung, Barrister-at-Law, Sir Oswald Cheung’s Chambers, Hong Kong In the Vallejos Evangeline Banao v Commissioner of Registration & Another judgment handed down on 25 March 2013,[1] the Hong Kong Court of Final Appeal (“CFA”) held that, on a proper construction of article 24(2)(4) of the Basic Law, the constitutional document of the Hong

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