1st Edition

The Common Law System in Chinese Context

By Berry Fong-Chung Hau Copyright 1992

    Under the 1984 Sino-British Joint Declaration on the future of Hong Kong the previous capitalist system and life-style shall remain unchanged for 50 years. This concept has been embedded in the Basic Law of Hong Kong. The future of the Common Law judicial system in Hong Kong depends on the perceptions of it by Hong Kong's Chinese population; judicial developments prior to July 1, 1997, when Hong Kong passes from British to Chinese control; and the Basic Law itself. All of these critical issues are addressed in this book. It applies survey and statistical analysis to the study of the attitudes toward, and the values inherent to, the Common Law judicial system in the unique cultural and economic milieu of Hong Kong in transition.

    This book on crime and justice is motivated primarily by the idea that individual behaviour is influenced both by self-interest and by conscience, or by a sense of community responsibility. Forst has assembled a collection of authors who are writing in four parts: (1) the philosophical foundations and the moral dimension of crime and punishment; (2) the sense of community and the way it influences the problem of crime; (3) on offenders and offences; and (4) on the response of the criminal justice system.

    Biography

    Berry Fong-Chung Hsu, a Senior Analyst of the University of Alberta, received his B.Sc. and M.A. degrees in mathematics from the Universities of Alberta and Oregon respectively and is a Chartered Engineer of the British Engineering Council. Following his professional legal education in England and Hong Kong, he attended the University of Alberta's law school where he is completing his LL.M. degree and the University of London's law faculty where he received his Ph.D. degree in law. His LL.M. thesis is in economic analysis of Canadian tax law and his doctorate thesis is in the spirit of Common Law. His articles on computer technology and the law, English Common Law, and the Basic Law of Hong Kong have been published by leading academic journals in Canada, Hong Kong and the U.S.A. He is writing his second book on law and society in Hong Kong.