YU Xingzhong 於興中

Research Projects

  • Constitutional Interface Between Hong Kong and the Mainland
  • YU Xingzhong
    1 March 2001
    CUHK Research Committee Funding (Direct Grants)

    This project is an attempt to find out solutions for the constitutional crisis that Hong Kong has experienced since its reversion to China, epitomized by the Court of Final Appeal's right of abode decisions and the subsequent interpretation of the HKSAR Basic Law by the National People's Congress Standing Committee (NPCSC). Employing analytical and comparative approaches this research explores the possibility of fostering a system of multi-interpretive authorities in Hong Kong law within the existing political and legal framework, so that the interpretation of the Basic Law can truly be shared by a number of authorities including the Court of Final Appeal and the NPCSC. It draws inspiration and experience from three sources: the practice of constitutional interpretation by reference to the common law tradition in Britain and the United States, Chinese experience of sharing interpretive authorities among the legislature, executive and the judiciary and the success in implementing multiauthoritative interpretations in some parts of the United States. It argues for a transition from oligarchical interpretive structure to a polygarchy of interpretive authorities. The research is an effort to smooth the differences confronting the interface of the two different constitutional systems in Hong Kong and the Mainland China. (SS00520)

  • Mapping Hong Kong's Constitutional Identity
  • YU Xingzhong
    1 March 2003
    CUHK Research Committee Funding (Direct Grants)

    The goal of this research is to understand and articulate Hong Kong’s constitutional identity. This research believes that Hong Kong’s constitutional identity will emerge when the Basic Law and the common law constitutional tradition are integrated. The focus of the research will be on HOW the two can be integrated. Through comparative, empirical and case analysis, this research will explore common law constitutional practice in Hong Kong and compare such practice with the Basic Law provisions on major constitutional matters such as limitations on ultimate political authority, interpretive practice, mechanisms to guarantee individual freedoms, judicial review of legislative and administrative acts and the relative positioning of respective power branches. The outcome will be a collection of annotations of relevant provisions of the Basic Law with common law constitutional cases. (SS02664)

  • Strengthening Hong Kong's Constitutional Identity
  • YU Xingzhong
    1 September 2005
    Research Grants Council (Earmarked Grants)

    This research aims to explore ways to define and strengthen Hong Kong’s constitutional identity. Through comparative, empirical and case analysis, this research will look into some elements contributing to form Hong Kong’s constitutional identity, such as sharing of the power to interpret the Basic Law by multi-interpretive authorities, the relative positioning of different power branches in Hong Kong’s constitutional reconfiguration and the integration of the Basic Law with the common law constitutional tradition of Hong Kong. It will also explore a theory of special constitutional principles and their relations with general constitutional principles, which will provide a theoretical background for understanding Hong Kong’s unique constitutional context. Theoretically, this research would contribute not only to the constitutional scholarship in Hong Kong, but also the literature on constitutionalism in general. Practically, it could provide ideas and intellectual recourses for those who are engaged in constitutional practice in Hong Kong in their effort to keep Hong Kong’s own legal identity and autonomy. (CU05641)

Research Publications

  • "Constitutional Interface between Hong Kong and the Mainland". Paper presented in the 2002 General Annual Meeting of Hong Kong Political Science Association, organized by Hong Kong Political Science Association. Hong Kong SAR, 2002.05.

  • "Book Review: Competition Policy and Law in China, Hong Kong and Taiwan by Mark Williams". The Law and Politics Book Review vol.17 no.9 742-744 pgs. Maryland, 2007.09.

  • "Formalism and Commitment in Hong Kong's Constitutional Development". Interpreting Hong Kong's Basic Law ed. by Hauling FU, Lison Harris and Simon NM Young. 1 ed. pp.173-187. Hong Kong: Palgrave MacMillian, 2008.01.
    (CUHK Library Call No: UL Reserve 2 hours KNR171 .I58 2007; UL Reserve 3 days KNR171 .I58 2007 c.3; UL HK Studies KNR171 .I58 2007 c.13; UL Law KNR171 .I58 2007 c.2; Legal Resources Centre Reserve 2 hours KNR171 .I58 2007 c.5; Legal Resources Centre Reserve 1 day KNR171 .I58 2007 c.6)

  • "The Ultimate Rule of Recognition in Hong Kong Law- Retrospect and Prospect". Hong Kong Journal of Social Science vol.22, pp.117-140. Hong Kong SAR: City University of Hong Kong Press, 2002.
    (CUHK Library Call No: UL Periodical H8.C5 H75 no.22-24, 2002)

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