PCLL Conversion Notes and Model Exam Answers (PCLL Conversion Past Paper Answers) for Hong Kong Constitutional Law for the PCLL Conversion Examinations.
1. The Acquisition of British Sovereignty
The Unequal Treaties – the Basis of British Jurisdiction in Hong Kong – The Assumption and Exercise of British Authority – The Constitution and the System of Government – Political Reform in the Fifties – Development of the Administrative System – Development of Representative Government in the Eighties and Nineties;
2. The Resumption of Sovereignty
Sovereignty and Self-Determination – Sino-British Negotiation and the Joint Declaration – the Drafting of the Basic Law – Residual Powers – Scope of Application of Chinese Constitution – Transitional Issues – Patten’s Political Reform in the Nineties – Breakdown of the Through- train Model – Provisional Legislative Council and its Legality;
3. The Framework of the Basic Law
Models of Autonomy and One Country, Two Systems – The Nature of the Basic Law – The Structure of the Basic Law – General Principles – Separation of Powers in the Basic Law – Relationship between the Central Authorities and the HKSAR;
4. The Political and Administrative System
The Political Structure – Basic principles – Forms of Representation – NPC – Centralized and Consultative Government – Separation of Powers or Executive-led Government – Legislative Council – Composition – Powers and Functions of the LegCo – Restriction on Law-making Powers – Law-making Process – Supervision of Executive and Parliamentary Enquiry – Public Finance – Impeachment of the Chief Executive – Selection of the Chief Executive – The Executive and the Chief Executive in Council – Contradictions in the Political System – Neutrality of the Civil Service and the Ministerial System – Localization and Principal Officials;
5. Constitutional Jurisdiction of the Courts of the HKSAR
Parliamentary Sovereignty and its Application to the HKSAR – Doctrine of Act of State – Facts of State – Judicial Review of legislation – resolutions of the NPCSC;
6. Interpretation and Amendment of the Basic Law
The importance of Interpretation and the Mode of Interpretation – The Scheme for Interpretation under Art 158 – Judicial Referral, Classification Test and Necessity Test – The Interpretation Powers of the NPCSC and the HKSAR Courts – Problems arising under Art 158 – Legislative Interpretation versus Judicial Interpretation – Role of the Basic Law Committee – Principles of and Approach to Constitutional Interpretation – The Scheme of Amendments to the Basic Law;
7. Rights and Freedoms
The General Framework for the Protection of Rights and Freedoms – Chapter 3, the Bill of Rights Ordinance and the ICCPR – ICESCR and ILO – Civil and Political Rights – Economic Rights and Property Rights – Social and Cultural Rights and Policies – Lawful Traditional Rights and Interests of the New Territories Indigenous Inhabitants – Limitations or Restrictions of Rights and Freedoms – State of Emergency and Application of National Laws – Restrictions of Rights and Freedoms under Art 23;
8. International Aspects of the HKSAR
Chinese View of International Law – External Affairs Powers of the HKSAR – Role and Problems of HKSAR in International Legal Regime – Succession of Rights and Obligations in International Treaties Applicable to Hong Kong before 1997 – Capacity to Participate in International Treaties, Conferences and Organizations – Conflicts of Law and Recognition of Judgments of Taiwan Courts;
9. The Constitutional System of the People’s Republic of China
Theory of Socialist Constitution – A Brief History of Chinese Constitutional System – The PRC Constitution – The Central Authorities of the PRC (NPC, NPCSC, State Council, Central Military Commission) – The Role and Organization of the Communist Party – Special Administrative Regions under Art 31 – Rights and Obligations of the Citizen – Sources of Law (Legislative Interpretation, Judicial Interpretation and Executive Interpretation) – The Judiciary, the Procuratorate and the Public Security – Review of the Judiciary – A Developing Constitution.