Legal Reactions to the Occupy Movement and their Impact on Hong Kong's Autonomy

Table of Contents

Introduction

I. A Brief History of Hong Kong

1. Hong Kong as a British colony

2. Hong Kong after 1997

II. Hong Kong Autonomy as HKSAR

1. Different definitions of autonomy

2. The Sino-British Joint Declaration and the Basic Law

3. “One Country, Two Systems”

a) The Common Law legal system

b) China’s socialist civil law system

c) A complex fusion

III. The Occupy Central Movement

1. Origins and social context

2. Methods and Objectives

3. Resolution and results

IV. The Legal Reactions to the Occupy Movement

1. The case for unlawful assembly

a) Context and charges

b) Trial and sentence

c) Legal consequences of the case

2. The oath-taking case

a) Context and charges

b) Trial and sentence

c) The NPCSC’s Interpretation and its legal consequences

3. New laws and legislation projects

a) Article 23

b) Modification of the Legislative Council’s House Ruling

c) National anthem and Joint checkpoint

V. The Impact on Hong Kong’s Autonomy

1. The Rule of Law, “One Country, Two Systems” and the independence of the judiciary

a) The impact on the Rule of Law

b) “One Country, Two Systems” and the case for oath-taking

c) The impact on Hong Kong’s independent judiciary and legislative

2. The legal reactions to the Occupy Central movement and their impact on Hong Kong’s autonomy

Objectives and Thematic Focus

This work examines the extent to which legal reactions by the PRC and HKSAR authorities in response to the Occupy Central movement have impacted Hong Kong's autonomy. It explores how these legal interventions challenge the established "One Country, Two Systems" framework and the independence of the judiciary.

• Historical evolution of Hong Kong's autonomous status.
• Analysis of the "One Country, Two Systems" principle in practice.
• Impact of legal actions, including criminal trials and Basic Law interpretations, on the Rule of Law.
• The erosion of judicial and legislative independence in the HKSAR.

Excerpt from the Book

Summary of Chapters

I. A Brief History of Hong Kong: Provides an overview of Hong Kong's transition from a British colonial territory to a Special Administrative Region under the PRC.

II. Hong Kong Autonomy as HKSAR: Examines the theoretical and legal definitions of autonomy, including the Basic Law and the "One Country, Two Systems" principle.

III. The Occupy Central Movement: Details the origins, objectives, and social context of the 2014 civil disobedience protests in Hong Kong.

IV. The Legal Reactions to the Occupy Movement: Analyzes specific legal responses including the unlawful assembly trials, the oath-taking controversies, and subsequent legislative projects.

V. The Impact on Hong Kong’s Autonomy: Evaluates the cumulative effect of these legal actions on the Rule of Law and the independence of the HKSAR's judiciary and legislature.

Keywords

Hong Kong, HKSAR, Autonomy, Basic Law, Occupy Central, One Country Two Systems, Rule of Law, Judiciary, Legislation, Civil Disobedience, Sovereignty, PRC, NPCSC, Political Reform, Human Rights

Frequently Asked Questions

What is the primary focus of this dissertation?

This work explores the legal consequences of the Occupy Central movement and assesses how these actions have influenced the autonomy of Hong Kong under the "One Country, Two Systems" framework.

What are the central themes discussed in the book?

The book covers the legal and political relationship between the HKSAR and the PRC, the role of the judiciary, the impact of NPCSC interpretations, and the status of the Rule of Law in Hong Kong.

What is the core research question?

The research seeks to determine whether legal interference by the PRC has an effective influence on the autonomy of the HKSAR and how this influence manifests through legal reactions to political protests.

What scientific methods are applied?

The author uses a qualitative legal analysis, comparing theoretical concepts of autonomy and the Rule of Law with specific judicial decisions, trial outcomes, and legislative changes following the 2014 protests.

What is covered in the main section of the book?

The main sections analyze the "unlawful assembly" trials, the "oath-taking" case involving legislators, and ongoing legislative projects like the implementation of Article 23 and the national anthem law.

Which keywords best describe the paper's contents?

Key terms include Hong Kong, HKSAR, Autonomy, Basic Law, Rule of Law, One Country Two Systems, and Judicial Independence.

How does the author define the "One Country, Two Systems" framework?

The author views it as a fragile political compromise that allows for the coexistence of two divergent legal and governance systems, which is currently under stress due to the PRC's assertions of sovereignty.

What is the significance of the NPCSC's power of interpretation?

The NPCSC’s power of interpretation is highlighted as a critical tool that allows the Central Government to override local judicial decisions, which the author argues poses a threat to the independence of Hong Kong’s courts.

What is the author's conclusion regarding the future of Hong Kong's autonomy?

The author concludes that the ongoing legal interference and the prioritization of "One Country" over "Two Systems" are significantly weakening Hong Kong's autonomy and its unique legal system.