ABSTRACTS
2023-04-17本期英文译审林敬贤
本期英文译审:林敬贤
On the Integration of the Offences and Penalties Provisions of the Law on Safeguarding National Security in the HKSAR and Hong Kong's Criminal Law System……………………………………………………………………………………Zhu Jie,Zhou Xian(3)
Abstract:The Law of the People's Republic of China on Safeguarding National Security in the HKSAR is constitutionally relevant in nature,but some of its chapters have the characteristics of criminal law.As a normative component of a national law applicable in the HKSAR,its offences and penalties provisions need to find an accurate positioning in and aligned with the local laws in the HKSAR.This paper explains the normative positioning of the offences and penalties provisions of the Law on Safeguarding National Security in the HKSAR from three aspects: absence and filling,boundary and bottom line,dormancy and activation.Then an integration examination was conducted from three key aspects: the judicial determination of crimes,the application of criminal penalties,and the operation of the criminal justice mechanism.The authors argue that the study should focus on the integration of concepts beyond the legal system,and its value should be based on“safeguarding national security and maintaining the prosperity and stability of the HKSAR,”so as to truly build up a criminal law system for safeguarding national security in the HKSAR.
Keywords:The Law of the People's Republic of China on Safeguarding National Security in the HKSAR;Crimes Endangering National Security;Normative Positioning;Institutional Integration
The Operational Scope of the Record-Review System in Hong Kong……………………………………………………………………………………………Sun Cheng(15)
Abstract:In recent years,the Standing Committee of the National People's Congress has repeatedly emphasized the need to strengthen the Record-Review system in Hong Kong.However,how to effectively integrate a supervision system based on the“socialist rule of law”into the legal system of Hong Kong is a constitutional challenge with Chinese characteristics.During the formulation of the Basic Law of Hong Kong,in order to bridge the differences in legal supervision principles between the two regions,lawmakers introduced a“division of responsibilities review model”,and through the triple setting of“review criteria,”“review subjects,”and“error correction methods”,the function of Record-Review system in Hong Kong was framed within an important but limited scope.As part of the legal supervision system in Hong Kong,Record-Review system in practice needs to navigate the complex interplay of three relationships:“the Chief Executive's legislative supervision power,”“the judicial review power of Hong Kong courts,”and“the pre-existing legal supervision powers in Hong Kong”.The complex inter-institutional game affects the implementation of the preset functions of the Record-Review system.The strengthening of the Record-Review system in Hong Kong can be approached from two perspectives.First,to enhance communication with the Chief Executive to exert control over legislative proposals.Second,to establish dispute resolution procedures to address complex situations where the Record-Review and judicial review authorities overlap.
Keywords:Record-Review;Judicial Review;Implementation of the Basic Law;Functionalism;Relationship between the NPCSC and the HK Courts
Research on the Development of Hong Kong into an International I&T Hub Based on the Innovation Ecosystem Theory…………………………………………………………………Wu Junbin,Yan Shan,Chen Suting(34)
Abstract:The innovation ecosystem is an important part of the development of an international innovation and technology (I&T) hub,and involves the complementarity and synergy of innovators,innovation resources and the innovation environment.Based on the innovation ecosystem theory,this paper analyzes the constitutive characteristics and problems of the ecosystem for Hong Kong to develop into an international I&T hub.It finds that Hong Kong's innovation ecosystem has outstanding regional characteristics,insufficient collaboration among innovators,uneven quality of innovation resources,and poor connection of innovation links.Hong Kong needs to complement and work with Shenzhen and even the rest of the Guangdong-Hong Kong-Macao Greater Bay Area,and promote the exchanges of data,samples,equipment,funds and talent.Based on the mid-stream“transfer”and downstream“commercialization”of the innovation ecosystem,it needs to improve the innovation ecosystem and the institutional designs for innovation,build a bridge between the government,businesses,universities and research institutes,create an innovation-enabling environment,improve the talent attraction and employment mechanism,introduce high-tech enterprises,and work with other cities in the Greater Bay Area to jointly promote the development of Hong Kong into an international I&T hub.
Keywords:Innovation Ecosystem;Technological Innovation;Path
Thoughts on Economic Diversification in Macao from the Perspective of Public Attention……………………………………………………………………………Wu Longsheng,Lin Faqin(45)
Abstract:Since Macao's return to the motherland,the Macao Special Administrative Region (SAR)Government has put forward and implemented the strategy of moderate economic diversification,and has achieved certain results thanks to the continuous implementation of previous SAR administrations.In general,however,Macao's economy is still highly dependent on the gaming industry which is highly exposed to external policies and economic environment,and vulnerable to external shocks.It is imperative to develop key industries,which would not be possible without the support of civil society organizations and the public.In this context,based on the attention theory,this paper focuses on book and periodical publishing in Macao,and applies the content analysis method to analyze the evolution of public attention to key industries in Macao's pursuit of moderate economic diversification.The study finds that the public attention to key industries grew slowly in the early days after Macao's return to the motherland,then picked up the growth rate when regional cooperation was promoted,and had surged since the strategy to develop the Guangdong-Hong Kong-Macao Greater Bay Area was put into effect.
Keywords:Economic Diversification in Macao;Public Attention;Key Industries;Culture of Civil Society Organizations;Publishing in Macao
The 19th-Century Folk Culture in Hong Kong from a Cross-Cultural Perspective…………………………………………………………………………………………Zhou Yuzhu(56)
Abstract:Hong Kong's folk culture belongs to Lingnan culture and is rooted in traditional Chinese culture.Despite the influence of colonial culture,Hong Kong's folk culture still fully preserves and inherits the traditional Chinese folk culture,and is characterized with continuity and diversity.At present,Hong Kong has gone from chaos to order and from order to prosperity.It is imperative to strengthen Hong Kong people's historical,cultural,ethnic and even national identity.Through the accounts of Hong Kong in the 19th century made by Russian voyagers and the notes left by missionaries,envoys and travelers from various European countries,this paper peeks into Hong Kong's commerce,trade and folk culture in the 19th century from the perspective of others,and the collision and conflict,convergence and integration between Chinese and Western cultures in Hong Kong in the 19th century against the background of British colonial aggression from the perspective of global history.It highlights the strong vitality and rallying force of traditional Chinese folk culture in Hong Kong,a place where Eastern and Western cultures converge.The findings are of great practical significance for nullifying the historical view of localism and separatism,protecting the younger generation,reinforcing the national identity among Hong Kong people,and building Hong Kong into an international cultural exchange hub.
Keywords:Kwong Chau Department;Hong Kong;Commerce,Trade and Folk Culture;Collision;Integration
Research on How to Enhance the GBA's Global Communication of Foreign-Related Rule-of-Law Work from the Perspective of Global Governance…………………………………………………………………………Tang Jiayi,Wang Jingjun(68)
Abstract:Rule of law is an important means to enhance international discourse,and an area that needs to be strengthened according to the report to the 20th National Congress of the Communist Party of China.Strengthening global communication of progress in rule of law is one of the key links in coordinating the rule-of-law work at home and foreign-related rule-of-law work.The Guangdong-Hong Kong-Macao Greater Bay Area (GBA) is a strategic hub for the implementation of the Belt and Road Initiative,and its global communication of foreign-related rule-of-law work should be placed in a more important position.The GBA is an integral part of the national matrix for global communication of China’s progress in rule of law in the context of global governance,and strengthening global communication of foreign-related ruleof-law work will meet the current development needs of the GBA.The GBA’s global communication of its rule-of-law work will help promote the concept of“one country,two systems”overseas.Under the BRI,the reform of the global governance system may draw strength from the GBA's global communication of its foreign-related rule-of-law work.The GBA has continuously promoted foreign-related rule of law by improving the foreign-related legal work system,building a high-quality business environment based on the rule of law,piloting proposals for attracting and cultivating foreign-related legal professionals,and reforming the foreign-related dispute resolution mechanism.It has provided effective solutions for promoting regional foreign-related judicial cooperation and resolving foreign-related disputes.In the future,the GBA may consider building a multi-party working mechanism for global communication of foreign-related rule-of-law work,and improving the global communication strategy and the quality of publicity content about foreign-related rule of law,to comprehensively improve its global communication capacity and level and introduce novel practices in this regard.In order to enhance the status and influence of the GBA in China's participation in global governance,its global communication of foreignrelated rule of law should be placed in a more prominent position.
Keywords:Guangdong-Hong Kong-Macao Greater Bay Area (GBA);Foreign-Related Rule of Law;Global Governance;Global Communication;Image of Rule of Law
Research on Institutional Innovation for Guangzhou-Hong Kong Cooperation in the Horse Racing Industry in the Context of the GBA Development……………………………………………Xie Laifeng,Tan Huifang,Zhuang Zhuohao,Mo Dilang(81)
Abstract:Due to the particularity of“One country,Two systems,”institutional innovation has become the key to promoting the free flow of factors,deepening intergovernmental cooperation,and promoting cooperation and development across sectors and the development of the Guangdong-Hong Kong-Macao Greater Bay Area (GBA).This paper systematically sorts out 12 institutional innovations made by Guangzhou and Hong Kong while advancing cooperation in the horse racing industry with the support of the central government,covering such aspects as the government cooperation mechanism,customs clearance of related factors,management of“disease-free areas,”cross-border practice of professionals,and visas for foreign personnel.Then suggestions for improvement are put forward in light of the future development needs of the horse racing industry in Guangzhou and Hong Kong.The institutional innovations for Guangzhou-Hong Kong cooperation in the horse racing industry have important academic research value and can be used as a reference for cooperation between Hong Kong,Macao and the mainland in other fields.
Keywords:Guangdong-Hong Kong-Macao Greater Bay Area (GBA);Horse Racing Industry;Institutional Innovation